| PAUL RYAN V SUSAN CUNNINGHAM, ALAN LINCOLN, NANCY KERRIGAN, CHARLIE BERNET, KRISTA TASKEY, DIANA MARLEY, DAVID SMART |
| Motion No: CA 25-00978 |
| Slip Opinion No: 2025 NY Slip Op 74444(U) |
| Decided on August 5, 2025 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., BANNISTER, DELCONTE, KEANE, AND HANNAH, JJ.
CA 25-00978
| PAUL RYAN, PLAINTIFF-APPELLANT, V SUSAN CUNNINGHAM, ALAN
LINCOLN, NANCY KERRIGAN, CHARLIE BERNET, KRISTA TASKEY, DIANA MARLEY, DAVID SMART, HUNTWOOD HOMEOWNERS ASSOCIATION, PROPERTY MANAGEMENT
ALLIANCE, LLC, AND MURRAY LANDSCAPING, DEFENDANTS-RESPONDENTS. |
An appeal having been taken from an order of the Supreme Court, Onondaga County, entered May 9, 2025, and appellant having moved pursuant to CPLR 5704 (b) for review of a proposed ex parte application submitted in Supreme Court which sought judicial approval to remove the wall at issue,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice and leave to renew any arguments in support of or, in opposition to the motion in the briefs that remain outstanding and at oral argument.
Entered: August 5, 2025
Ann Dillon Flynn
Clerk of the Court