Space Realty Corp. v Cherry
Motion No: 2015-11919
Slip Opinion No: 2016 NY Slip Op 73586(U)
Decided on May 16, 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

M209509

E/sl

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2015-11919

Space Realty Corp., appellant,

v Michele Cherry, etc., respondent.

(Index No. 709670/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered November 30, 2015, for failure to timely perfect.

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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order entered November 30, 2015, was superseded by an order of the same court dated December 11, 2015; and it is further,

ORDERED that the motion is denied.

RIVERA, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court