Rocchio v PMC Rebar, Inc.
Motion No: 2024-02846
Slip Opinion No: 2024 NY Slip Op 70292(U)
Decided on June 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M297375

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2024-02846

Rosalie Rocchio, respondent,

v PMC Rebar, Inc., appellant.

(Index No. 609546/2022)

DECISION & ORDER ON MOTION

2024-03215

Rosalie Rocchio, respondent,

v PMC Rebar, Inc., appellant.

(Index No. 609546/2022)

Appeals from two orders of the Supreme Court, Suffolk County, dated March 26, 2024, and April 23, 2024, respectively. Motion by the appellant to stay all proceedings in the above-entitled action, including the inquest, pending hearing and determination of the appeals. Cross-motion by the respondent to dismiss the appeal from the order dated April 23, 2024, on the ground that no appeal lies from an order denying reargument.

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

ORDERED that the motion by the appellant is denied; and it is further,

ORDERED that the cross-motion by the respondent is granted, and the appeal from the order dated April 23, 2024, is dismissed, without costs or disbursements.

DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court