| Tomlinson v Smith |
| Motion No: 2016-03096 |
| Slip Opinion No: 2016 NY Slip Op 78416(U) |
| Decided on June 30, 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
M214058
E/ct
RANDALL T. ENG, P.J.
SANDRA L. SGROI
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-03096 Virginia O. Tomlinson, appellant, v Francell Smith, defendant, Citimortgage, Inc., et al., nonparty-respondents. (Index No. 704014/15)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 26, 2016, as untimely taken.
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 CPLR 5513[a]).
ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court