| Kopald v Rite Aid Headquarters Corp. |
| Motion No: 2016-00202 |
| Slip Opinion No: 2016 NY Slip Op 83231(U) |
| Decided on August 23, 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
M217003
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
VALERIE BRATHWAITE NELSON, JJ.
|
2016-00202 Deborah Kopald, plaintiff, v Rite Aid Headquarters Corp., et al., defendants. (Index No. 7886/14)
| DECISION & ORDER ON MOTION |
Application by the defendant CCA Industries, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a purported appeal from the Supreme Court, Orange County. By order to show cause dated June 15, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the purported appeal in the above-entitled action on the ground that the notice of appeal was defective because it did not designate the party taking the appeal, the order appealed from, or the court to which the appeal was taken, and the application was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response 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 purported appeal is granted, and the purported appeal is dismissed, without costs or disbursements (see CPLR 5515[1]), without prejudice to filing a proper notice of appeal in accordance with CPLR 5513(a); and it is further,
ORDERED that the application is denied as academic.
DILLON, J.P., DICKERSON, SGROI and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court