| Santiago v 527 Grand LLC |
| Motion No: 2022-06105 |
| Slip Opinion No: 2024 NY Slip Op 73499(U) |
| Decided on August 30, 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
M298867
AFA/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
WILLIAM G. FORD
LILLIAN WAN, JJ.
|
2022-06105 Jose A. Santiago, appellant, v 527 Grand LLC, defendant third-party plaintiff-respondent, Euro Elite Construction Corp., et al., defendants-respondents; Dominga Perez, third-party defendant-respondent. (Index No. 512224/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated March 30, 2022. Motion by the defendant-respondent New York Paving, Inc., to dismiss the appeal on the ground that no appeal lies from an order denying a motion for reargument and pursuant to Bray v Cox (38 NY2d 350). By decision and order on motion of this Court dated October 11, 2023, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. The appellant has not perfected the appeal, and the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as academic.
CONNOLLY, J.P., MILLER, FORD and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court