Barbato v Gonzalez
Motion No: 2016-03066
Slip Opinion No: 2017 NY Slip Op 83892(U)
Decided on August 25, 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

M236731

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2016-03066

John Barbato, appellant,

v Jose C. Gonzalez, defendant,

Edward Barbato, respondent.

(Index No. 14561/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 3, 2016, for failure to timely perfect.

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 granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).

DILLON, J.P., COHEN, DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court