RSA Catering, LLC v Schneider
Motion No: 2017-10467
Slip Opinion No: 2018 NY Slip Op 64177(U)
Decided on February 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M246165

E/afa

SANDRA L. SGROI, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2017-10467

RSA Catering, LLC, respondent,

v Scott Schneider, et al., appellants.

(Index No. 600707/17)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, entered May 12, 2017. By order to show cause dated December 11, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal taken on behalf of the defendants by Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara Wolf & Carone, LLP, from the order entered May 12, 2017, in the above-entitled action on the ground that Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara Wolf & Carone, LLP, did not have authority to file a notice of appeal on the defendants' behalf.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 321).

SGROI, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court