Rodolico v Rodolico
Motion No: 2015-06092
Slip Opinion No: 2016 NY Slip Op 61757(U)
Decided on January 21, 2016
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

M205146

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-06092

Dina M. Rodolico, plaintiff-appellant,

v Anthony Rodolico, respondent;

Robert A. Ross, etc., nonparty-appellant.

(Index No. 12458/10)

DECISION & ORDER ON MOTION

Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect his appeal from a judgment of the Supreme Court, Suffolk County, entered April 24, 2015.

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 on the Court's own motion, the appeal by the nonparty-appellant is dismissed, without costs or disbursements, as the nonparty-appellant is not aggrieved by the judgment (see CPLR 5511); and it is further,

ORDERED that the application is denied as academic.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court