| Matter of Tinning v Evans |
| Motion No: 2012-07624 |
| Slip Opinion No: 2013 NY Slip Op 72452(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. |
Appellate Division: Second Judicial Department
M155586
E/nl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
SYLVIA HINDS-RADIX, JJ.
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2012-07624 DECISION & ORDER ON MOTION In the Matter of Marybeth Tinning, appellant, v Andrea W. Evans, etc., respondent. (Index No. 1509/12)
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Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered June 20, 2012, as academic, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss an appeal is granted and the appeal is dismissed, without costs or disbursements (see Matter of Ortiz v Alexander, 83 AD3d 1078); and it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., HALL, LOTT and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court