| Ayler v Bodden |
| Motion No: 2015-08955 |
| Slip Opinion No: 2016 NY Slip Op 81868(U) |
| Decided on August 9, 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
M216206
E/sl
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
|
2015-08955 Anthony Ayler, respondent, v Denise Bodden, et al., defendants, Myrtle Avenue Builders, LLC, appellant. (Index No. 19452/09)
| DECISION & ORDER ON MOTION |
2015-09220
Denise Bodden, respondent,
v Myrtle Owner, LLC, et al., defendants,
Myrtle Avenue Builders, LLC, appellant.
(Index No. 27654/10)
Motion by Denise Bodden on appeals from two orders of the Supreme Court, Kings County, both dated May 15, 2015, to dismiss the appeal by Myrtle Avenue Builders, LLC, under Appellate Division Docket No. 2015-08955, on the ground that the notice of appeal was not timely served or filed. By order to show cause dated June 15, 2016, the parties were directed to show cause why an order should or should not be entered dismissing both appeals on the ground that the orders dated May 15, 2015, are neither appealable by right or by permission as they were entered ex parte as against the appellant, Myrtle Avenue Builders, LLC. Application by the appellant, Myrtle Avenue Builders, LLC, to deem the notices of appeals to be applications pursuant to CPLR 5704 to vacate the orders dated May 15, 2015.
Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion by Denise Bodden 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 motion to dismiss the appeals initiated by the order to show cause dated June 15, 2016, is granted, and the appeals are dismissed, without costs or disbursements (see CPLR 5701; 5704); and it is further,
ORDERED that Denise Bodden's motion is denied as academic: and it is further,
ORDERED that the application to deem the notices of appeals to be applications pursuant to CPLR 5704 to vacate the orders dated May 15, 2015, is denied.
BALKIN, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court