| Jagernauth v Germain |
| Motion No: 2013-10950 |
| Slip Opinion No: 2014 NY Slip Op 77461(U) |
| Decided on July 10, 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. |
Appellate Division: Second Judicial Department
M176855
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2013-10950 Chandrowtie Jagernauth, appellant, v Devin Anthony Germain, et al., respondents. (Index No. 10649/11)
| DECISION & ORDER ON MOTION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, entered June 17, 2013. By order to show cause dated May 13, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the order entered June 17, 2013, was entered on the appellant's default, and the application was held in abeyance in the interim.
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 5511); and it is further,
ORDERED that the application is denied as academic.
MASTRO, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court