Christiana Trust v Dummett
Motion No: 2017-13199
Slip Opinion No: 2018 NY Slip Op 71736(U)
Decided on May 7, 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

M249648

E/afa

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2017-13199

Christiana Trust, etc., respondent,

v John Dummett, appellant, et al.,

defendants.

(Index No. 4480/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss a purported appeal by nonparty Jules Stanley from an order of the Supreme Court, Queens County, dated September 29, 2017, as untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as unnecessary as no notice of appeal was filed by nonparty Jules Stanley (see CPLR 5515).

BALKIN, J.P., MILLER, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court