| IN THE MATTER OF THE APPLICATION OF STATE OF NEW YORK V LIAM LONGO |
| Motion No: CA 15-00799 |
| Slip Opinion No: 2016 NY Slip Op 88954(U) |
| Decided on October 19, 2016 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00799
| IN THE MATTER OF THE APPLICATION OF STATE OF NEW YORK,
PETITIONER-RESPONDENT, V LIAM LONGO, RESPONDENT-APPELLANT. |
Respondent having moved to dismiss the appeal on the ground that appellant's right to appeal terminated upon the entry of a final order or, in the alterative for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 5, 2015,
Now, upon reading and filing the affirmation of Kathleen M. Treasure, Esq., dated September 22, 2016, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to September 30, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is granted without prejudice to a motion to vacate in Supreme Court (see CPLR 5501 [a] [1]; see also Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; cf. Davis v New York State Office of Mental Health, 106 AD3d 1488), and
It is further ORDERED that the motion is otherwise dismissed as unnecessary.
Entered: October 19, 2016
Frances E. Cafarell, Clerk