Appellate Division: Second Judicial Department

M131745

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-08714, 2011-08758 Zere Real Estate Services, Inc., etc., respondent-appellant, v Ronald Parr, etc., defendant, Parr General Contracting Company, Inc., et al., appellants-respondents. (Index No. 39680-07)

DECISION & ORDER ON MOTION

Motion by Ronald Parr on appeals and cross appeals from an order of the Supreme Court, Suffolk County, dated January 14, 2011, and a judgment of the same court dated July 20, 2011, to dismiss the cross appeals insofar as taken against him on the grounds that the appeal from the order is untimely taken and that he is not a respondent on the appeal from the judgment because the judgment does not determine the respondent-appellant's rights as against him.

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 cross appeal from the order is granted and the appeal from the order is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the branch of the motion which is to dismiss the cross appeal from the judgment insofar as taken against him is denied as unnecessary as Ronald Parr is not a respondent on that appeal.

BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court