Hainsworth v Hainsworth
Motion No: 2010-03692
Slip Opinion No: 2010 NY Slip Op 75273(U)
Decided on June 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M104634

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-03692

Glenis Hainsworth, respondent,

v Victor Hainsworth, appellant.

(Index No. 50121/09)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Richmond County, dated December 2, 2009, as untimely taken.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal as untimely taken is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court