| Matter of Abklir Realty Co., Inc. v Nassau Regional Off-Track Betting |
| Motion No: 2022-05574 |
| Slip Opinion No: 2024 NY Slip Op 67040(U) |
| Decided on May 1, 2024 |
| 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. |
Appellate Division: Second Judicial Department
M296150
AFA/
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
HELEN VOUTSINAS
JANICE A. TAYLOR, JJ.
|
2022-05574 In the Matter of Abklir Realty Co., Inc., petitioner, v Nassau Regional Off-Track Betting Corporation, respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to EDPL 207. Motion by the respondent, inter alia, in effect, for summary judgment dismissing the proceeding.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the branch of the motion which is, in effect, for summary judgment dismissing the proceeding is held in abeyance and referred to the panel of Justices hearing the proceeding for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, on or before May 31, 2024, the petitioner shall serve and file the petitioner's brief (see 22 NYCRR 1250.13[c]), via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., MILLER, VOUTSINAS and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court