| Martinez v Frankel |
| Motion No: 2010-01686 |
| Slip Opinion No: 2010 NY Slip Op 76555(U) |
| Decided on July 9, 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
M105390
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
THOMAS A. DICKERSON, JJ.
|
2010-01686 Evelyn Martinez, appellant, v Sandor Frankel, et al., respondents. (Index No. 09-20343)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, dated December 23, 2009, as untimely taken, and to dismiss a purported appeal from an order of the same court dated February 17, 2010.
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 from the order dated December 23, 2009, as untimely taken is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to dismiss the purported appeal from an order of the same court dated February 17, 2010, is denied as unnecessary as no appeal is pending from the order dated February 17, 2010.
MASTRO, J.P., FLORIO, BALKIN and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court