| Cannizzo v McCormack |
| Motion No: 2009-08337 |
| Slip Opinion No: 2010 NY Slip Op 72268(U) |
| Decided on May 24, 2010 |
| 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
M102854
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-08337 Christine Cannizzo, appellant, v Robert N. McCormack, respondent. (Index No. 28834/96)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 27, 2009, as untimely taken.
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 is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., BALKIN, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court