| North Country Rd. Realty, LLC v Hightide Automotive, Inc. |
| Motion No: 2016-02195 SC |
| Slip Opinion No: 2017 NY Slip Op 80654(U) |
| Decided on July 13, 2017 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| North Country Road Realty, LLC, Appellant, v Hightide Automotive, Inc., Respondent. |
Motion by respondent to enlarge the time to serve and file a respondent's brief on an appeal from an order of the District Court of Suffolk County, Sixth District, entered June 21, 2016, or for alternative relief. Cross motion by appellant, in effect, for summary reversal and for related relief.
Upon the papers filed in support of the motion and the cross motion, it is
ORDERED, on the court's own motion, that the appeal and respondent's motion are dismissed; and it is further,
ORDERED that appellant's motion is denied as academic.
The appeal is dismissed, as appellant expressly states in its brief on appeal that it does not challenge the District Court's dismissal of the petition. Rather, on appeal, appellant merely challenges the District Court's findings of fact and conclusions of law. Findings of fact and conclusions of law are not separately appealable (see Kneip v McWilliams, 71 AD3d 895 [2010]; see also Granata v City of White Plains, 88 AD3d 948 [2011]). Respondent's motion is dismissed, as a corporation must appear by attorney and cannot proceed pro se (see CPLR 3215 [a]; DeMartino v Golden, 150 AD3d 1200 [2017]).
ENTER:
Paul Kenny
Chief Clerk