| Matter of Pastrana v Nazario |
| Motion No: 2014-06433 |
| Slip Opinion No: 2015 NY Slip Op 65403(U) |
| Decided on March 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
M188261
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
BETSY BARROS, JJ.
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2014-06433 In the Matter of Melissa Pastrana, respondent, v Harold J. Nazario, appellant. (Docket Nos. O-1135-09/11D, O-1135-09/11E, O-1135-09/11F, O-1135-09/11G, O-1135-09/12H)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County (IDV Part), dated September 17, 2013, inter alia, 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 denied; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to file the notice of appeal in the proper court (see CPLR 5515[1]) without prejudice to filing the notice of appeal in the Supreme Court, Kings County, in accordance with CPLR 5514(a) and filing proof of such filing with the Clerk of this Court on or before April 1, 2015.
RIVERA, J.P., DICKERSON, CHAMBERS and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court