| MICHAEL GALEONE V KEVIN M. REEDY (DECEASED) AND MICHAEL S. SIMON |
| Motion No: CA 15-02045 |
| Slip Opinion No: 2016 NY Slip Op 61321(U) |
| Decided on January 13, 2016 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-02045
| MICHAEL GALEONE, PLAINTIFF-APPELLANT, V KEVIN M. REEDY
(DECEASED) AND MICHAEL S. SIMON, DEFENDANTS-RESPONDENTS. |
Respondent Michael S. Simon having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 18, 2015, on the ground that appellant failed to file the notice of appeal pursuant to CPLR 5515 and appellant does not have standing to the appeal because he is not an aggrieved party pursuant to CPLR 5511,
Now, upon reading and filing the affidavit of Christopher E. Wilkins, Esq., sworn to December 3, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted (see CPLR 5511), and
It is further ORDERED that the appeal is dismissed with respect to respondent Kevin Reedy (see CPLR 5701 [a] [2], [3]; Sholes v Meagher, 100 NY2d 333, 335).
Entered: January 13, 2016
Frances E. Cafarell, Clerk