Matter of Rockman v Nassau County Sheriff's Department
Motion No: 2020-08532
Slip Opinion No: 2023 NY Slip Op 78042(U)
Decided on December 8, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M292911

KS/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2020-08532

In the Matter of George Rockman,

petitioner-respondent, v Nassau County

Sheriff's Department, respondent,

Ana Rockman, etc., appellant.

(Index No. 612361/2017)

DECISION & ORDER ON MOTION

2021-04747

In the Matter of George Rockman,

petitioner-respondent, v Nassau County

Sheriff's Department, respondent,

Ana Rockman, etc., appellant.

(Index No. 612361/2017)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 11, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from two orders of the Supreme Court, Nassau County, dated October 22, 2020, and May 25, 2021, respectively. Motion by petitioner-respondent for a preference in the calendaring of the appeals, in effect, to dismiss a portion of the appeal from the order dated May 25, 2021, on the ground that it has been rendered academic, and to dismiss the appeal from the order dated May 25, 2021, on the ground that no appeal lies from an order denying reargument.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is granted and the appeals will be calendared expeditiously; and it is further,

ORDERED that the branches of the motion which are, in effect, to dismiss a portion of the appeal from the order dated May 25, 2021, on the ground that it has been rendered academic and to dismiss the appeal from the order dated May 25, 2021, on the ground that no appeal lies from an order denying reargument are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

IANNACCI, J.P., WOOTEN, VOUTSINAS and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court