| Village of Briarcliff Manor v Estate of Mark Goodson |
| Motion No: 2006-06975 |
| Slip Opinion No: 2007 NYSlipOp 62141(U) |
| Decided on January 30, 2007 |
| 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
M50140
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-06975 Village of Briarcliff Manor, plaintiff-respondent, v Estate of Mark Goodson, et al., defendants- respondents; William B. Thompson, appellant. (Index No. 3020/98)
| DECISION & ORDER ON MOTION |
Appeal by William B. Thompson from an order of the Supreme Court, Westchester County, dated November 23, 1998. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal. By order to show cause dated January 11, 2007, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal on the grounds that (1) the appeal was untimely taken (see CPLR 5513), and (2) the appellant is not aggrieved by the order dated November 23, 1998, as he was not a party to the underlying proceedings, and the application to enlarge time was held in abeyance in the interim.
Upon the order to show cause and the papers filed in response thereto, and the application, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the grounds that (1) the appeal was untimely taken (see CPLR 5513), and (2) the appellant is not aggrieved by the order dated November 23, 1998, as he was not a party to the underlying proceedings; and it is further,
ORDERED that the application is denied as academic.
RIVERA, J.P., SKELOS, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court