| Matter of Boerum Hill Association v State University of New |
| Motion No: 2014-07951 |
| Slip Opinion No: 2015 NY Slip Op 71264(U) |
| Decided on April 24, 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
M191131
T/ct
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2014-07951 In the Matter of Boerum Hill Association, petitioners, v State University of New York, et al., respondents-respondents; Douglas Sepkowitz, et al., nonparty-appellants. (Index No. 13007/13)
| DECISION & ORDER ON MOTION |
Motion by the respondents-respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 13, 2014, on the grounds that the nonparty-appellants are not aggrieved by the order, and that Douglas Sepkowitz was not authorized to file a notice of appeal on behalf of the nonparty-appellant Concerned Physicians of LICH, LLC. Application by the nonparty-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application 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, without costs or disbursements, as the nonparty-appellants are not aggrieved by the order, and Douglas Sepkowitz was not authorized to file a notice of appeal on behalf of the nonparty-appellant Concerned Physicians of LICH, LLC (see Michael Reilly Design, Inc., v Houraney, 40 AD3d 592); and it is further,
ORDERED that the application is denied as academic.
HALL, J.P., SGROI, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court