Perlman v Johnson
Motion No: 2017-09227
Slip Opinion No: 2018 NY Slip Op 80400(U)
Decided on August 13, 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

M253876

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-09227

Daniel S. Perlman, respondent,

v Ivy May Johnson, appellant,

et al., defendant.

(Index No. 14292/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 19, 2017, for failure to timely perfect and, in effect, to vacate a stay granted by a decision and order on motion of this Court dated October 27, 2017, as amended.

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]); and it is further,

ORDERED that the stay granted by the decision and order on motion of this Court dated October 27, 2017, as amended, is vacated forthwith.

BALKIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court