| Ferreira v Ferreira |
| Motion No: 2015-06279 |
| Slip Opinion No: 2015 NY Slip Op 85656(U) |
| Decided on September 25, 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
M199015
E/sl
RANDALL T. ENG, P.J.
RUTH C. BALKIN
SYLVIA O. HINDS-RADIX
BETSY BARROS, JJ.
|
2015-06279 Carlos A. Ferreira, respondent, v Melanie E. Ferreira, appellant. (Index No. 4899/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to deem a notice of an appeal from an order of the Supreme Court, Dutchess County, dated March 14, 2014, to be timely served and filed, and for poor person relief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal to be timely served and filed is denied; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that it was untimely taken (see CPLR 5513[a]); and it is further,
ORDERED that the motion is otherwise denied as academic.
ENG, P.J., BALKIN, HINDS-RADIX and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court