Opinion
Motion Nos. 2022-00846 2022-05024 Index No. 80061/2021
02-22-2023
Everette Weaver, appellant, v. Ricky Daeira, et al., respondents.
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P., JOSEPH J. MALTESE, LARA J. GENOVESI, JANICE A. TAYLOR, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Dutchess County, dated January 6, 2022, and May 25, 2022. Motion by the respondents Sheafe Woods Realty, LLC and Jonathan B. Nelson, inter alia, to dismiss the appeal from the order dated May 25, 2022, on the ground that no appeal lies from an order denying a motion for reargument. Motion by respondents Ricky Daeira and Kristina Daeira, inter alia, to dismiss the appeal from the order dated May 25, 2022, on the ground that no appeal lies from an order denying a motion for reargument and to dismiss the appeal from the order dated January 6, 2022, on the ground that the order is not appealable as of right and leave to appeal has not been granted. Motion by respondent Shawn Garrison to dismiss the appeal from the order dated May 25, 2022, on the ground that no appeal lies from an order denying a motion for reargument. Motion by respondent Joseph Pettinella, inter alia, to dismiss the appeal from the order dated May 25, 2022, on the ground that no appeal lies from an order denying a motion for reargument. Cross motion by the appellant, inter alia, to strike the motions by the respondents Shawn Garrison and Joseph Pettinella. Separate motion by the appellant to strike the motion by the respondents Sheafe Woods Realty, LLC and Jonathan B. Nelson. Motion by respondent Heather R. Gushue, inter alia, to dismiss the appeal from the order dated May 25, 2022, on the ground that no appeal lies from an order denying a motion for reargument, and to dismiss the appeal from the order dated January 6, 2022, on the ground that the order is not appealable as of right and leave to appeal has not been granted. Application by the appellant to extend the time to perfect the appeal from the order dated January 6, 2022. Separate application by the appellant to extend the time to perfect the appeal from the order dated May 25, 2022.
Upon the papers filed in support of the motions by respondents Sheafe Woods Realty, LLC, Jonathan B. Nelson, Ricky Daeira, and Kristina Daeira, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motions by respondents Shawn Garrison, Joseph Pettinella, Heather R. Gushue, and the papers filed in support of the motion, cross motion and application of appellant, and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent Shawn Garrison and those branches of the motions by the respondents Sheafe Woods Realty, LLC, Jonathan B. Nelson, Ricky Daeira, Kristina Daeira, Joseph Pettinella, and Heather R. Gushue which are to dismiss the appeal from the order dated May 25, 2022, on the ground no appeal lies from an order denying a motion for reargument are granted, and the appeal from the order dated May 25, 2022, is dismissed without costs or disbursements; and it is further, ORDERED that the application by the appellant to extend the time to perfect the appeal from the order dated May 25, 2022, is denied as academic; and it is further, ORDERED that the branches of the motions by the respondents Ricky Daeira, Kristina Daeira, and Heather R. Gushue, which are to dismiss the appeal from the order dated January 6, 2022, on the ground that the order is not appealable as of right and leave to appeal has not been granted are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further, ORDERED that the motions by the respondents Sheafe Woods Realty, LLC, Jonathan B. Nelson, Ricky Daeira, Kristina Daeira, Joseph Pettinella, and Heather R. Gushue are otherwise denied; and it is further, ORDERED that the motion and cross motion by appellant are denied; and it is further, ORDERED that the application to extend the time to perfect the appeal from the order dated January 6, 2022, is granted, and on or before April 24, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., MALTESE, GENOVESI and TAYLOR, JJ., concur.