Opinion
2017–00715 Index No. 33561/12
04-10-2019
Carmine Dell AQUILA, Appellant, v. Thomas RUBIO, administrator of the estate of Rubio, et al., Respondents, et al., Defendant.
DECISION & ORDERIn an action to recover on promissory notes, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Elizabeth H. Emerson, J.), dated November 21, 2016. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was for leave to renew those branches of his prior motion which were to vacate a temporary restraining order dated October 26, 2012, and, thereupon, to direct the release of the shares of Joseph O. Rubio in Smithtown Nissan, Inc., to the plaintiff, which had been denied in an order of the same court dated May 2, 2016, and, in effect, upon reargument, adhered to so much of its determination in the order dated May 2, 2016, as denied those branches of the plaintiff's prior motion.
ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination of the companion appeal (see Dell Aquila v. Rubio , 171 A.D.3d 863, 95 N.Y.S.3d 871, 2019 WL 1549675 [Appellate Division Docket No. 2016–05201; decided herewith] ).
AUSTIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.
DECISION & ORDER ON MOTION
Motion by the respondents to dismiss stated portions of an appeal from an order of the Supreme Court, Suffolk County, dated November 21, 2016, on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
AUSTIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.