| Matter of Amackassin Gardens, Inc v Jerrick Associates, Inc. |
| Motion No: 2012-09133 |
| Slip Opinion No: 2013 NY Slip Op 60958(U) |
| Decided on January 10, 2013 |
| 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
M148867
E/ct
RANDALL T. ENG, P.J.
DANIEL D. ANGIOLILLO
SANDRA L. SGROI
SYLVIA HINDS-RADIX, JJ.
|
2012-09133 In the Matter of Amackassin Gardens, Inc., respondent, v Jerrick Associates, Inc., appellant. (Index No. 55144/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated August 28, 2012, as untimely taken.
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 is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the motion is otherwise denied as academic.
ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court