| Spota v White |
| Motion No: 2016-13389 |
| Slip Opinion No: 2018 NY Slip Op 79818(U) |
| Decided on August 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. |
Appellate Division: Second Judicial Department
M253676
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2016-13389, 2016-13390 Thomas J. Spota, etc., plaintiff-respondent, v Paul White, defendant-respondent, John Cline Reservoir, LLC, appellant, et al., defendants. (Index No. 29681/12)
| DECISION & ORDER ON MOTION |
Motion by Paul White, inter alia, to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated October 28, 2016, and a judgment of the same court entered November 22, 2016, and to award the appellant poor person relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is dismissed on the ground that the movant cannot seek relief on behalf of the appellant (see Seidler v Knopf, 153 AD2d 874, Michael Reilly Design, Inc. v Houraney, 40 AD3d 592) and he cannot seek an enlargement of time to perfect the appeals as he is a respondent on the appeals; and it is further,
ORDERED that on the Court's own motion, the appeals are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]).
BALKIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court