| Varela v Clark |
| Motion No: 2014-09934 |
| Slip Opinion No: 2015 NY Slip Op 62859(U) |
| Decided on February 2, 2015 |
| 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
M185820
E/ct
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
SANDRA L. SGROI
JOSEPH J. MALTESE, JJ.
|
2014-09934, 2014-09935 Ashley Varela, appellant, v Mary M. Clark, et al., respondents. (Index No. 1555/12)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from two orders of the Supreme Court, Kings County, dated May 13, 2013, and April 16, 2014, respectively, to dismiss the appeal from the order dated May 13, 2013, as 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 from the order dated May 13, 2013 (Appellate Division Docket No. 2014-09934), is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the briefs are stricken, and on or before March 23, 2015, the appellant shall serve and file a replacement brief that only addresses issues concerning the order dated April 16, 2014.
BALKIN, J.P., HALL, SGROI and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court