| Kelly v Birchwood Court Owners, Inc. |
| Motion No: 2016-03032 |
| Slip Opinion No: 2017 NY Slip Op 60409(U) |
| Decided on January 6, 2017 |
| 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
M223994
E/ct
CHERYL E. CHAMBERS, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2016-03032 Nancy L. Kelly, plaintiff-appellant, v Birchwood Court Owners, Inc., respondent, Con-Kel Landscaping, Inc., defendant-appellant. (Index No. 601465/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from an order of the Supreme Court, Nassau County, entered March 25, 2016, to dismiss the appeal taken by the plaintiff-appellant for failure to timely perfect.
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 taken by the plaintiff-appellant is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that on the Court's own motion, the appeal taken by the defendant-appellant is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]).
CHAMBERS, J.P., COHEN, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court