| Gonzalez v Miller |
| Motion No: 2016-08482 |
| Slip Opinion No: 2017 NY Slip Op 69871(U) |
| Decided on April 7, 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
M228929
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2016-08482 Glenda Gonzalez, appellant, v Michael Miller, respondent. (Index No. 8388/14)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered May 10, 2016. By order to show cause dated February 22, 2017, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that the order was entered upon the default of the appellant, and the application was held in abeyance in the interim.
Now, upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the application is denied as academic.
RIVERA, J.P., AUSTIN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court