| Muzio v Alfaro-Hardy, individually and as treasurer of the Village of |
| Motion No: 2017-07442 |
| Slip Opinion No: 2017 NY Slip Op 94307(U) |
| Decided on December 5, 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
M241758
E/ct
RANDALL T. ENG, P.J.
JEFFREY A. COHEN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
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2017-07442 John Muzio, et al., plaintiffs, v Maria Alfaro-Hardy, individually and as treasurer of the Village of Bayville, New York, et al., respondents; John V. Muzio, Jr., guardian for John Muzio and Theresa Muzio, nonparty-appellant. (Index No. 10528/05)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant, inter alia, in effect, to stay enforcement of an order of the Supreme Court, Nassau County, entered May 8, 2017, pending hearing and determination of an appeal therefrom, and for summary reversal. Separate motion by the respondents Maria Alfaro-Hardy, Joanne Banco, and Village of Bayville to dismiss the appeal on the ground that John V. Muzio, Jr., guardian for John Muzio and Theresa Muzio, did not have the authority to sign the notice of appeal on behalf of the plaintiffs.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the nonparty-appellant is not aggrieved by the order entered May 8, 2017 (see CPLR 5511); and it is further,
ORDERED that the motions are denied as academic.
ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court