| Matter of Jones v Town of Kent |
| Motion No: 2015-08330 |
| Slip Opinion No: 2016 NY Slip Op 68682(U) |
| Decided on March 28, 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. |
Appellate Division: Second Judicial Department
M204091
E/sl
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
COLLEEN D. DUFFY, JJ.
|
2015-08330 In the Matter of Ralph Jones, petitioner-respondent, v Town of Kent, appellant, et al., respondents. (Index No. 1841/14)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent to dismiss an appeal from an order of the Supreme Court, Putnam County, dated June 16, 2015, on the ground that no appeal lies from an order entered upon the default of an appealing party, and to dismiss a purported appeal from an order of the same court October 16, 2015. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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 branch of the motion which is to dismiss the appeal from the order dated June 16, 2015, is granted, and that appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the branch of the motion which is to dismiss the purported appeal from the order dated October 16, 2015, is denied as unnecessary as no appeal was taken from that order; and it is further,
ORDERED that the application is denied as academic.
CHAMBERS, J.P., AUSTIN, ROMAN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court