Appellate Division: Second Judicial Department

M159067

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2012-09576 In the Matter of White Glove Elite, Inc., et al., appellants, v Andrew M. Cuomo, etc., respondent; Van Nostrand & Martin, nonparty-respondent. (Index No. 5198/09)

DECISION & ORDER ON MOTION

Application by James Ireland to enlarge the time to perfect a purported appeal by White Glove Elite, Inc., from a judgment of the Supreme Court, Suffolk County, entered July 26, 2012, to enlarge his time to perfect his purported appeal from the same judgment, and to allow him to represent White Glove Elite, Inc., on the appeal. By order to show cause dated May 17, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the purported appeal by White Glove Elite, Inc., on the ground that James Ireland, who filed the notice of appeal on behalf of White Glove Elite, Inc., was not authorized to file a notice of appeal on behalf of White Glove Elite, Inc., and dismissing the purported appeal by James Ireland on the ground that no notice of appeal was filed on behalf of James Ireland.

Now, upon the order to show cause and the papers filed in response thereto, and 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 motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 321[a]); and it is further,

ORDERED that the application is denied.

SKELOS, J.P., DICKERSON, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court