| Miranda v Gentile |
| Motion No: 2005-07120 |
| Slip Opinion No: 2006 NYSlipOp 64681(U) |
| Decided on March 7, 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
M36720
O/sl
DAVID S. RITTER, J.P.
ROBERT A. SPOLZINO
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-07120 Roberto Carlos Miranda, appellant, v Sam J. Gentile, et al., respondents. (Index No. 24919/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 15, 2005, on the ground that direct appeal from the order terminated with entry of a judgment dated October 20, 2005, and application by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal from the order is dismissed (Matter of Aho, 39 NY2d 241, 248), without costs or disbursements, without prejudice to the appellant filing a notice of appeal from the judgment; and it is further,
ORDERED that the application is denied as academic.
RITTER, J.P., SPOLZINO, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court