Lopez v Port Chester-Rye Union Free School District
Motion No: 2014-11214
Slip Opinion No: 2015 NY Slip Op 77827(U)
Decided on June 30, 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

M194753

E/ct

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-11214

Isabel Lopez, et al., plaintiffs-respondents,

v Port Chester-Rye Union Free School District,

et al., defendants-respondents, Our Lady of

Rosary Roman Catholic Church, also known as

Our Lady of Rosary Parish, appellant.

(Index No. 56391/11)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 4, 2014. By order to show cause dated May 11, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is not aggrieved by the order dated November 4, 2014, and the application was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response 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 to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701; Mixon v TBV, Inc., 76 AD3d 144); and it is further,

ORDERED that the application is denied as academic.

LEVENTHAL, J.P., DICKERSON, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court