| Marko-Ram Group Profit Sharing v Anaya |
| Motion No: 2017-05780 |
| Slip Opinion No: 2018 NY Slip Op 62716(U) |
| Decided on January 31, 2018 |
| 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
M245458
E/afa
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
FRANCESCA CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2017-05780 Marko-Ram Group Profit Sharing, plaintiff, v Jorge L. Anaya, et al., defendants, Belkis Pimentel Clark, respondent; Torati-Ramunto, LLC, nonparty-appellant. (Index No. 9214/06)
| DECISION & ORDER ON MOTION |
Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated December 12, 2016. By order to show cause dated November 29, 2017, the parties to the appeal were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the order dated December 12, 2016, was entered upon the default of Torati-Ramunto, LLC, and the application was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation 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.
DILLON, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court