| H. (Anonymous) v County of Orange |
| Motion No: 2012-09603 |
| Slip Opinion No: 2013 NY Slip Op 78117(U) |
| Decided on June 27, 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
M158608
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2012-09603, 2013-00984 Adam H. (Anonymous), et al., appellants, v County of Orange, et al., respondents, et al., defendants. (Index No. 07-10556)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Orange County, dated September 6, 2012, and a judgment of the same court dated November 19, 2012.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated September 6, 2012, is denied as academic as the appeal was dismissed by decision and order on motion of this Court dated May 3, 2013; and it is further,
ORDERED that on the Court's own motion the appeal from the judgment is dismissed, without costs or disbursements, on the ground that the judgment was entered upon the order dated September 6, 2012, and the order was entered upon the appellants' default (see CPLR 5511); and it is further,
ORDERED that the application is otherwise denied as academic.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court