| Matter of Fried v Gross |
| Motion No: 2018-05948 |
| Slip Opinion No: 2018 NY Slip Op 82362(U) |
| Decided on September 5, 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
M254946
E/sl
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2018-05948 In the Matter of Joseph Fried, etc., respondent, v Eliezer Gross, appellant. (Index No. 34257/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, dated March 30, 2018, as untimely taken, and for an award of an attorney's fee.
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 branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court