Hamilton v Adriatic Development Corp.
Motion No: 2014-05389
Slip Opinion No: 2015 NY Slip Op 67317(U)
Decided on March 18, 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

M189208

S/ct

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2014-05389

Jamal Hamilton, plaintiff-respondent,

v Adriatic Development Corp., et al., defendants-

respondents, R and B Drywall Corp., appellant.

(Index No. 36527/10)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated April 2, 2014, and cross motion by the plaintiff-respondent to dismiss the appeal on the ground that the order was entered upon the appellant's default.

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

ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., AUSTIN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court