Nugent v Diocese of Rockville Centre
Motion No: 2014-03789
Slip Opinion No: 2015 NY Slip Op 63353(U)
Decided on February 6, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M186579

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2014-03789, 2014-03793, 2014-03794,

2014-03795

Eileen Nugent, appellant, v Diocese of

Rockville Centre, et al., respondents.

(Index No. 9303/10)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Nassau County, dated August 6, 2010, and March 1, 2011, respectively, and two judgments of the same court entered November 15, 2010, and February 13, 2014, respectively, to dismiss the appeals from the order dated August 6, 2010, and the judgment entered November 15, 2010, as untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeals from the order dated August 6, 2010, and the judgment entered November 15, 2010 (Appellate Division Docket Nos. 2014-03789 and 2014-03794), are dismissed, without costs or disbursements; and it is further

ORDERED that the appellant's record and the appellant's brief, the respondents' brief and the appellant's reply brief are stricken, and on or before March 15, 2015, the appellant shall serve and file a replacement record which contains only the papers pertaining to the appeals from the order dated March 11, 2011, and the judgment entered February 13, 2014; and it is further,

ORDERED that the respondents shall serve and file a replacement brief in accordance with the rules of this Court (see 22 NYCRR 670.8[b]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court