| Rivera v Town of Wappinger |
| Motion No: 2016-02704 |
| Slip Opinion No: 2016 NY Slip Op 75354(U) |
| Decided on June 2, 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
M212471
E/sl
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2016-02704 Jessica Rivera, appellant, v Town of Wappinger, et al., respondents, et al., defendants.
(Index No. 5665/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent Town of Wappinger, separate motion by the respondent County of Dutchess, and separate motion by the respondents Healey Brothers, Inc., and Michael C. Ayers, to dismiss an appeal insofar as taken against them from an order of the Supreme Court, Dutchess County, dated January 20, 2016, as untimely taken.
Upon the papers filed in support of the motions, and the papers filed in opposition to the motions by the respondent Town of Wappinger and the respondents Healey Brothers, Inc., and Michael C. Ayers, and in relation to the motion by the respondent County of Dutchess, it is
ORDERED that the motion by the respondent County of Dutchess is granted and the appeal is dismissed insofar as taken against it, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the motion by the respondent Town of Wappinger and the motion by the respondents Healey Brothers, Inc., and Michael C. Ayers are denied (see Maddox v City of New York, 104 AD2d 430).
LEVENTHAL, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court