McGrath v Eaves
Motion No: 2015-03038
Slip Opinion No: 2016 NY Slip Op 76639(U)
Decided on June 14, 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

M213214

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2015-03038

Mark McGrath, appellant,

v Cory A. Eaves, et al., respondents

(and a third-party action).

(Index No. 54851/11)

DECISION & ORDER ON MOTION

Motion by the respondent Neil Robertson to dismiss an appeal from an order of the Supreme Court, Westchester County, entered March 18, 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 the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).

BALKIN, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court