Farrell Forwarding Co. v. Alison Transp., Inc.

Full title: Farrell Forwarding Company, Inc., appellant, v. Alison Transport, Inc.…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Feb 27, 2013

2013 N.Y. Slip Op. 65727 (N.Y. App. Div. 2013)

Opinion

2012-10269 Index No. 3328/10 M151909

02-27-2013

Farrell Forwarding Company, Inc., appellant, v. Alison Transport, Inc., respondent.

REINALDO E. RIVERA

, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered June 27, 2012, on the ground that the issues raised on the appeal are barred by CPLR 5501(a)(1) and to preclude the appellant from raising certain issues in its brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to preclude the appellant from raising certain issues in its brief is denied without prejudice to addressing any such issues in the respondent's brief.

RIVERA, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court