Richard M. Gordon & Associates, P.C. v Poli
Motion No: 2018-03059
Slip Opinion No: 2018 NY Slip Op 73486(U)
Decided on May 25, 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

M250551

E/afa

SHERI S. ROMAN, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2018-03059, 2018-05703

Richard M. Gordon & Associates, P.C.,

respondent, v Rosemarie Poli, appellant.

(Index No. 28899/12)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Suffolk County, dated November 15, 2016, and a money judgment of the same court dated February 1, 2017, to dismiss the appeal from the money judgment 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 granted and the appeal from the money judgment is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that on the Court's own motion, the appeal from the order is dismissed on the ground that the order is superseded by the money judgment.

ROMAN, J.P., SGROI, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court