| Matter of Tavares v Perez |
| Motion No: 2012-05411 |
| Slip Opinion No: 2013 NY Slip Op 68081(U) |
| Decided on March 21, 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
M153361
E/ct
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
|
2012-05411, 2012-05412 In the Matter of Pedro Tavares, appellant, v Ada Perez, et al., respondents. (Index No. 5111/11)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Dutchess County, dated November 14, 2011, as untimely taken, and an appeal from an order of the same court dated April 11, 2012, on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal from the judgment is dismissed, without costs or disbursements, as untimely taken (see CPLR 5513[a]), and the appeal from the order is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., AUSTIN, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court