Valere v Marshall
Motion No: 2014-03936
Slip Opinion No: 2014 NY Slip Op 74253(U)
Decided on June 6, 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

M175180

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2014-03936

Marilyn Valerie, etc., plaintiff-respondent,

v Sylvia Marshall, et al., defendants-respo

Andrew S. Weinberg, et al., appellants.

(Index No. 30292/09)

DECISION & ORDER ON MOTION


ndents,

Motion by the appellant Andrew S. Weinberg to sever his appeal from an order of the Supreme Court, Kings County, dated March 18, 2014, from an appeal taken by the appellant Gemma Williams from the same order, and to allow him to perfect his appeal separately.

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 taken by the appellant Gemma Williams is dismissed, without costs or disbursements, on the ground that she is not aggrieved (see CPLR 5511; Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473); and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., BALKIN, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court