Moore v Moore
Motion No: 2018-00605
Slip Opinion No: 2018 NY Slip Op 82208(U)
Decided on August 31, 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

M254654

E/htr

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-00605

Eugene Moore, respondent,

v Ava Chapman Moore, appellant.

(Index No. 19149/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered August 29, 2017, as untimely taken. Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of the appeal.

Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the appellant's motion is denied.

MASTRO, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court