Zhi Hua Chen v Estate of Lastana Smith
Motion No: 2018-07868
Slip Opinion No: 2018 NY Slip Op 82275(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

M254731

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-07868

Zhi Hua Chen, et al., respondents,

v Estate of Lastana Smith, et al., appellants.

(Index No. 151694/16)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Richmond County, dated May 8, 2018, on the ground that Burchell Marcus was not authorized to file a notice of appeal on behalf of the appellants.

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 Whitehead v Town House Equities, 8 AD3d 369).

RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court