| Velardi v Mascolo |
| Motion No: 2011-04119 |
| Slip Opinion No: 2012 NY Slip Op 75047(U) |
| Decided on June 1, 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
M138629
S/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
ARIEL E. BELEN
JEFFREY A. COHEN, JJ.
|
2011-04119 Michael Velardi, respondent, v Anthony Mascolo et al., defendants, Delinda Mascola, appellant. (Index No. 101946/09)
| DECISION & ORDER ON MOTION |
Appeal by Delinda Mascola from an order of the Supreme Court, Richmond County, dated March 29, 2011. By decision and order on motion of this Court dated March 5, 2012, the respondent's motion to dismiss the appeal on the ground that the right of direct appeal terminated upon entry of a judgment dated December 30, 2011, was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof on condition that the appellant perfect the appeal from the judgment (Appellate Division Docket No. 2012-01245) on or before May 16, 2012. The appeal from the judgment has not been perfected.
Now, on the Court's own motion, it is
ORDERED that the respondent's motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated March 5, 2012.
SKELOS, J.P., ENG, BELEN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court