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IN RE: QUINN, EMANUEL, URQUHART & SULLIVAN, LLP, Petitioner–Respondent, v. AVRA SURGICAL ROBOTICS, INC., et al., Respondents, Jared B. Stamell, Respondent–Appellant.
Appeal from order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered on or about November 21, 2022, which denied respondent Jared B. Stamell's motion for resettlement and clarification of a prior order of the court entered in November 2020, unanimously dismissed, without costs, as taken from a nonappealable paper.
Respondent styled his motion as a “Motion for Resettlement and Clarification of Decision and Order.” He does not contest that “no appeal lies from an order denying resettlement or clarification of an order” (Makhnevich v Board of Mgrs. of 2900 Ocean Condominium, 217 AD3d 630, 632 [1st Dept 2023], appeal dismissed 40 NY3d 1015 [2023]).
To the extent the order appealed from was the result of a motion for reargument challenging the November 2020 order's alter ego findings, it is also not reviewable. It is well settled that “[n]o appeal lies from denial of a motion for reargument” (Matter of Penick, 212 AD3d 567, 568 [1st Dept 2023]). The motion court plainly denied respondent's motion for reargument. Thus, the order is not appealable.
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Docket No: 1715
Decided: February 20, 2024
Court: Supreme Court, Appellate Division, First Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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