Esdee Alpha, LLC v Smith
Motion No: 2017-04535
Slip Opinion No: 2018 NY Slip Op 71130(U)
Decided on May 2, 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

M249497

E/rr

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-04535

Esdee Alpha, LLC, respondent,

v Corey Smith, et al., appellants,

et al., defendants.

(Index No. 66584/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated April 10, 2017, 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]).

MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court