Rodriguez v Shema
Motion No: 2013-07411
Slip Opinion No: 2014 NY Slip Op 76292(U)
Decided on June 25, 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

M175670

E/ct

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2013-07411, 2013-10131

Virginia Rodriguez, appellant,

v Gidon Shema, respondent.

(Index No. 2022/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, entered April 4, 2013, and September 10, 2013, respectively, for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the order entered September 10, 2013, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,

ORDERED that the motion is granted to the extent that the appeal from the order entered April 4, 2013, is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court, and the motion is otherwise denied as academic.

SKELOS, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court