| Matter of New York SMSA Limited Partnership, doing busin |
| Motion No: 2015-02325 |
| Slip Opinion No: 2015 NY Slip Op 88258(U) |
| Decided on October 22, 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
M200628
E/ct
RANDALL T. ENG, P.J.
RUTH C. BALKIN
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2015-02325 In the Matter of New York SMSA Limited Partnership, doing business as Verizon Wireless, respondent, v Town of Oyster Bay, et al., appellants. (Index No. 6476/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered December 24, 2014, for failure to timely perfect, and for an award of costs and an attorney's fee.
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 to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court