Matter of Gentile v Capra
Motion No: 2016-13121
Slip Opinion No: 2017 NY Slip Op 65850(U)
Decided on March 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M227020

E/sl

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

FRANCESCA E. CONNOLLY, JJ.

2016-13121

In the Matter of Joseph Gentile, petitioner,

v Michael Capra, respondent.

(Index No. 170/16)

DECISION & ORDER ON MOTION

Motion by Joseph Gentile for leave to appeal to this Court from an order and judgment (one paper) of the Supreme Court, Westchester County, dated December 1, 2016.

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 denied as unnecessary as the order is appealable as of right; and it is further,

ORDERED that on or before April 3, 2017, Joseph Gentile shall serve and file a notice of appeal in the Supreme Court, Westchester County, and file proof of filing with this Court (see CPLR 5514[a]).

HALL, J.P., AUSTIN, SGROI and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court