| Butler v First Baptist Church of Westbury |
| Motion No: 2007-04537 |
| Slip Opinion No: 2007 NYSlipOp 86436(U) |
| Decided on December 14, 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
M63751
E/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
PETER B. SKELOS
THOMAS A. DICKERSON, JJ.
|
2007-04537, 2007-04539 Timothy Butler, appellant, v First Baptist Church of Westbury, New York, et al., respondents. (Index No. 114544/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss appeals from two orders of the Supreme Court, Nassau County, entered February 22, 2007, and April 5, 2007, on the ground that they were not timely taken and to strike the appellant's record and the brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order entered February 22, 2007 (Appellate Division Docket No. 2007-04537), is granted, and that appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the branch of the motion which is to strike the appellant's record and brief is granted, and on or before January 28, 2008, the appellant shall serve and file a replacement record and brief that does not contain or refer to the papers concerning the order entered February 22, 2007; and it is further,
ORDERED that the motion is otherwise denied.
SPOLZINO, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court