| Lyons v Donnelly |
| Motion No: 2011-02670 |
| Slip Opinion No: 2012 NY Slip Op 73059(U) |
| Decided on May 11, 2012 |
| 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
M137556
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2011-02670 Malachy P. Lyons, Jr., appellant, v Paul J. Donnelly, Jr., respondent. (Index No. 92-4806)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered February 22, 2011, on the ground that the appellant's appendix is inadequate and the appellant failed to obtain or settle the full trial transcript.
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; and it is further,
ORDERED that the motion is otherwise denied as academic.
RIVERA, J.P., DICKERSON, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court