| Reiss v Roadhouse Restaurant |
| Motion No: 2009-01022 |
| Slip Opinion No: 2009 NY Slip Op 71843(U) |
| Decided on May 7, 2009 |
| 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
M86282
E/cb
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2009-01022, 2009-01518, 2009-01519, 2009-01520, 2009-01521
Deanna Reiss, appellant, v Roadhouse Restaurant, et al., defendants; Group Health Incorporated, nonparty- respondent. (Index No. 13270/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent on appeals from three orders of the Supreme Court, Richmond County, dated January 31, 2007, November 16, 2007, and December 19, 2008, respectively, and two decisions of the same court dated October 1, 2007, and September 16, 2008, respectively, to dismiss the appeals from the orders dated January 31, 2007, and November 16, 2007, respectively, on the ground that those appeals were untimely taken, and to dismiss the appeals from the decisions on the ground that no appeal lies from a decision.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to dismiss the appeals from the decisions dated October 1, 2007, and September 16, 2008 (Appellate Division Docket Nos. 2008-01518, 2008-01520), respectively, are granted and those appeals are dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,
ORDERED that the branches of the motion which are to dismiss the appeals from the orders are denied.
MASTRO, J.P., RIVERA, DICKERSON and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court