Mehr v 924-034 Metropolitan
Motion No: 2016-05532
Slip Opinion No: 2016 NY Slip Op 86521(U)
Decided on September 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M218644

E/ct

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2016-05532

Jonathan Mehr, plaintiff-respondent,

v 924-034 Metropolitan, et al., defendants

third-party plaintiffs-appellants; Byron

Gray, third-party defendant-respondent.

(Index No. 15820/13)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 29, 2016, insofar as taken against him as untimely.

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 insofar as taken the plaintiff-respondent, without costs or disbursements (see CPLR 5513[a]).

CHAMBERS, J.P., DICKERSON, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court