Rios v Alcarez
Motion No: 2014-04116
Slip Opinion No: 2014 NY Slip Op 74641(U)
Decided on June 11, 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

M175488

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JOSEPH J. MALTESE, JJ.

2014-04116

Jorge Rios, appellant,

v Nelson Alcarez, etc., et al., respondents.

(Index No. 19800/12)

DECISION & ORDER ON MOTION

Separate motions by the respondent Helen Hyosum Kim and the respondent Alfonso Ponce to dismiss an appeal from an order of the Supreme Court, Queens County, entered November 20, 2013, insofar as taken against them as untimely taken. Application by the respondent Viren L. Jhavery to dismiss the appeal insofar as taken against the applicant as untimely taken.

Upon the papers filed in support of the motions and the application, and the papers filed in opposition thereto,

ORDERED that the motions are granted and the appeal is dismissed insofar as taken against the respondents Helen Hyosum Kim and Alfonso Ponce , without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the application is denied (see Maddox v City of New York, 104 AD2d 430).

RIVERA, J.P., HALL, AUSTIN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court