Matter of Depass v Mitchell
Motion No: 2017-00156
Slip Opinion No: 2018 NY Slip Op 88301(U)
Decided on November 8, 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

M257281

E/mm

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2017-00156

In the Matter of Vernisa Depass, appellant,

v Stuart J. Mitchell III, etc., et al., respondents.

(Index No. 3811/15)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Orange County, dated November 16, 2016, for failure to timely perfect.

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 denied as unnecessary as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court