Taylor v Wynkoop
Motion No: 2014-00108
Slip Opinion No: 2014 NY Slip Op 66222(U)
Decided on March 12, 2014
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

M170945

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2014-00108

Kyle Taylor, etc., et al., respondents-appellants,

v Brett E. Wynkoop, et al., appellants-respondents.

(Index No. 6548/12)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to dismiss a cross appeal from an order of the Supreme Court, Kings County, dated November 7, 2013, as untimely taken, to dismiss a purported appeal from an order of the same court dated December 20, 2013, for an award of an attorney's fee, and to impose a sanction upon the respondents-appellants. Cross motion by the respondents-appellants to impose a sanction upon the appellants-respondents.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the purported appeal from an order dated December 20, 2013, is denied as no such appeal is pending; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

ENG, P.J., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court