| Masson v Yasen |
| Motion No: 2017-11671 |
| Slip Opinion No: 2018 NY Slip Op 85566(U) |
| Decided on October 9, 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
M256123
E/rr
JOHN M. LEVENTHAL, J.P.
SANDRA L. SGROI
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2017-11671 Shirley Masson, etc., appellant, v Jay Yasen, et al., defendants, Mitanshu Shah, et al., respondents. (Index No. 605008/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered August 25, 2017, for failure to timely perfect. Separate motion by the appellant to enlarge the time to perfect the appeal and for poor person relief
Upon the papers filed in support of the respondents' 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 motion to dismiss the appeal is denied as unnecessary as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further,
ORDERED that the motion to enlarge the time to perfect the appeal is denied without prejudice to the appellant's moving pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal.
LEVENTHAL, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court