Appellate Division: Second Judicial Department

M148993

E/ct

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-01092, 2012-04163 Shaun Martin, appellant, v John Tekaaho, et al., respondents. (Index No. 9839/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from an order of the Supreme Court, Queens County, entered December 1, 2011, and a judgment of the same court entered February 6, 2012, for failure to timely perfect.

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 motion is granted and the appeals are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated May 11, 2012, as held in abeyance the respondent's prior motion to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry of the judgment, and referred the respondent's prior motion to the panel of Justices hearing the appeal for determination upon the argument or submission thereof is recalled and vacated, and that motion is denied as academic.

RIVERA, J.P., CHAMBERS, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court