| Matter of Bernstein v Feiner |
| Motion No: 2009-06983 |
| Slip Opinion No: 2009 NY Slip Op 85698(U) |
| Decided on October 14, 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
M92959
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN, JJ.
|
2009-06983 In the Matter of Robert Bernstein, appellant, v Paul Feiner, etc., et al., respondents-respondents, Jay Leon, et al., respondents. (Index No. 06-6807)
| DECISION & ORDER ON MOTION |
Motion by Paul Feiner and Town of Greenburgh to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered June 10, 2009, as to them as untimely taken, and to dismiss the appeal as to the respondents Jay Leon, Joseph Bova, Robert Williams, Village of Elmsford, Wm. Len Kinnaly, Jr., Village of Hastings on Huson, Dennis Flood, and Drew Fixell on the ground that the Town of Greenburgh is a necessary party to the appeal. Separate motion by Jay Leon, Joseph Bova, Robert Williams, Village of Elmsford, Wm. Len Kinnaly, Jr., Village of Hastings on Huson, Dennis Flood, and Drew Fixell to dismiss the appeal as to them, inter alia, on the ground that the Town of Greenburgh is a necessary party to the appeal. Cross motion by the appellant to summon Paul Feiner and Town of Greenburgh to respond to the appeal as necessary parties pursuant to CPLR 1001(a).
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by Paul Feiner and Town of Greenburgh to dismiss the appeal as against them as untimely taken is granted, and the appeal is dismissed as against them, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the branch of the motion by Paul Feiner and Town of Greenburgh to dismiss the appeal as to the respondents Jay Leon, Joseph Bova, Robert Williams, Village of Elmsford, Wm. Len Kinnaly, Jr., Village of Hastings on Huson, Dennis Flood, and Drew Fixell and the separate motion by Jay Leon, Joseph Bova, Robert Williams, Village of Elmsford, Wm. Len Kinnaly, Jr., Village of Hastings on Huson, Dennis Flood, and Drew Fixell to dismiss the appeal as to them is granted; and it is further,
ORDERED that the cross motion is denied.
MASTRO, J.P., MILLER, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court