Gooden v Hernandez
Motion No: 2024-08586
Slip Opinion No: 2025 NY Slip Op 73949(U)
Decided on August 6, 2025
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

M307046

AFA/

HECTOR D. LASALLE, P.J.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2024-08586

Jerimee Gooden, plaintiff, v Edgar Hernandez,

defendant; Bogoraz Law Group, P.C.,

nonparty-appellant, Siegel & Coonerty, LLP,

nonparty-respondent.

(Index No. 502836/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 5, 2024. Motion by the respondent, in effect, to recall and vacate so much of a decision and order on motion of this Court dated April 11, 2025, as denied the branch of the respondent's cross-motion which was to dismiss the appeal, inter alia, on the ground that the appellant Bogoraz Law Group, P.C., is not aggrieved by the order.

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

ORDERED that the motion is granted, so much of the decision and order of this Court dated April 11, 2025, as denied the branch of the respondent's cross-motion which was to dismiss the appeal, inter alia, on the ground that the appellant Bogoraz Law Group, P.C., is not aggrieved by the order, is recalled and vacated, and that branch of the respondent's cross-motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

LASALLE, P.J., BRATHWAITE NELSON, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court