| 149th Street Partners v Pinnock |
| Motion No: 2006-00023 +1 |
| Slip Opinion No: 2006 NYSlipOp 62938(U) |
| Decided on February 14, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M36028
T/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2006-00023, 2006-00459 149th Street Partners, plaintiff-respondent, v Diane Pinnock, appellant, Elwood Johnson, et al., defendants-respondents. (Index No. 14545/96)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent to dismiss appeals from an order of the Supreme Court, Queens County, dated January 12, 2005, and a judgment of the same court dated April 28, 2005, on the ground that they were not timely taken.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the appeal from the order is dismissed, without costs or disbursements, as the appellant was not aggrieved by the order (see CPLR 5511); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment on the ground that it was not timely taken is granted, and the appeal from the judgment is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order as untimely is denied as academic.
ADAMS, J.P., RITTER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court