Spota v County of Suffolk
Motion No: 2012-11576
Slip Opinion No: 2013 NY Slip Op 67234(U)
Decided on March 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M152885

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-11576

Thomas J. Spota, et al., respondents,

v County of Suffolk, defendant-appellant;

Peter Nichols, nonparty-appellant.

(Index No. 4268/12)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on an appeal from an order of the Supreme Court, Suffolk County, dated September 25, 2012, to dismiss the appeal taken by the defendant.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is denied.

SKELOS, J.P., ANGIOLILLO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court