Mancellari v Church of Ascension
Motion No: 2016-07877
Slip Opinion No: 2018 NY Slip Op 84193(U)
Decided on September 21, 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

M254845

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2016-07877

Edison Mancellari, appellant, v Church of

Ascension, et al., respondents.

(Index No. 16797/11)

DECISION & ORDER ON MOTION

Motion by the defendant Church of Ascension to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated July 14, 2016, on the ground that the appellant failed to serve it with the record and the appellant's brief.

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 to the extent that the appeal is dismissed insofar as taken against the Church of Ascension, without costs or disbursements, and the motion is otherwise denied.

DILLON, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court