Opinion
Motion No. 2019-11182 Index No. 500410/2017
06-09-2023
David Rosenblatt, respondent, v. Cypora Parnes, et al., appellants.
Unpublished Opinion
MOTION DECISION
M289436
FRANCESCA E. CONNOLLY, J.P. LINDA CHRISTOPHER WILLIAM G. FORD LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated August 19, 2019, which was determined by decision and order of this Court dated July 20, 2022. Motion by the appellants for leave to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the motion for leave to reargue the appeal or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court, to stay all proceedings in the above-entitled action, including the trial, pending determination of an appeal to the Court of Appeals in the event that leave to appeal is granted by this Court, or, in the alternative, to stay all proceedings in the above-entitled action, including the trial, pending determination of a motion to be made in the Court of Appeals for leave to appeal to that Court from the decision and order of this Court in the event that this Court denies leave to appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue the appeal or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court is denied, with $100 costs; and it is further, ORDERED that the branches of the motion which are to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the motion for leave to reargue the appeal or, in the alternative, for leave to appeal to the Court of Appeals, or to stay all proceedings pending determination of an appeal to the Court of Appeals in the event leave to appeal is granted are denied as academic; and it is further, ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including the trial, pending determination of a motion to be made in the Court of Appeals for leave to appeal to that Court from the decision and order of this Court in the event that this Court denies leave to appeal is denied.
CONNOLLY, J.P., CHRISTOPHER, FORD and WAN, JJ., concur.