| Metcalf v IRS |
| Motion No: 2016-05044 |
| Slip Opinion No: 2017 NY Slip Op 69178(U) |
| Decided on March 31, 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
M228703
E/afa
MARK C. DILLON, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-05044 John Glenn Barry Metcalf, Sr., appellant, v IRS, et al., respondents, et al., defendants. (Claim No. 126260)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant, inter alia, to stay the Internal Revenue Service from levying against him, pending hearing and determination of an appeal from an order of the Court of Claims, dated October 23, 2015.
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 dismissed for failure to provide proof of service in accordance with the terms of the order to show cause; and it is further,
ORDERED that on the Court's own motion, the appeal 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]).
DILLON, J.P., COHEN, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court