| Tooker v Schwartzberg |
| Motion No: 2015-11282 |
| Slip Opinion No: 2017 NY Slip Op 74547(U) |
| Decided on May 22, 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
M231457
J/sl
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2015-11282 Marie Guerrera Tooker, appellant, v David A. Schwartzberg, et al., respondents. (Index No. 9463/14)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Suffolk County, dated August 17, 2015. By decision and order on motion of this Court dated March 10, 2016, the prior motion by the respondents Richard Handler and Ryan McKeon to dismiss the appeal insofar as taken against them was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
On the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion to dismiss the appeal insofar as taken against the respondents Richard Handler and Ryan McKeon is denied as academic.
BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court