Rios v Alcaraz
Motion No: 2014-04116
Slip Opinion No: 2014 NY Slip Op 80030(U)
Decided on August 8, 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

M178051

E/nl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2014-04116

Jorge Rios, appellant, v Nelson Alcaraz,

etc., et al., respondents, et al., defendants.

(Index No. 19800/12)

DECISION & ORDER ON MOTION

Motion by the respondent Nelson Alcaraz to dismiss an appeal from an order of the Supreme Court, Queens County, entered November 20, 2013, insofar as taken against him on the ground that it was untimely taken.

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 the motion is granted and the appeal is dismissed insofar as taken against the respondent Nelson Alcarez, without costs or disbursements (see CPLR 5513[a]).

DILLON, J.P., DICKERSON, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court