Skahill v Roman Catholic Church of Our Lady of Snows
Motion No: 2012-08843
Slip Opinion No: 2013 NY Slip Op 72410(U)
Decided on May 1, 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

M155567

E/nl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SYLVIA HINDS-RADIX, JJ.

2012-08843

Robert Skahill, appellant, v Roman Catholic

Church of Our Lady of Snows, et al., defendants

third-party plaintiffs-respondents; Morton J.

Lemkau, Inc. doing business as Morton J.

Lemkau Moving & Storage, et al., third-party

defendants.

(Index No. 31594/08)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated August 21, 2012, on the ground that the notice of appeal was not timely served.

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 on the Court's own motion, the appeal is 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 the motion is denied as academic.

SKELOS, J.P., HALL, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court