Appellate Division: Second Judicial Department

M304913

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2025-03363 Aluma Sagy, appellant, v Ocean Harbor Casualty Insurance Co., et al., respondents. (Index No. 483/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated January 28, 2025. Motion by the respondents Mackoul Risk Solutions and Justin Kraus to dismiss the appeal on the ground that no appeal lies from an order denying reargument and for an award of attorney's fees. Motion by the respondents Ocean Harbor Casualty Insurance Co., Ocean Harbor Insurance Co. Claims Account, C.J. Rubin & Company, Inc., Norman T. Walker, and James H. Mason's Sons, Inc., to dismiss the appeal on the ground that no appeal lies from an order denying reargument.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by the respondents Mackoul Risk Solutions and Justin Kraus which is to dismiss the appeal on the ground that no appeal lies from an order denying reargument, and the motion by the respondents Ocean Harbor Casualty Insurance Co., Ocean Harbor Insurance Co. Claims Account, C.J. Rubin & Company, Inc., Norman T. Walker, and James H. Mason's Sons, Inc., are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion by the respondents Mackoul Risk Solutions and Justin Kraus is otherwise denied.

CHAMBERS, J.P., WOOTEN, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court