| Cortalano v New Rochelle Municipal Housing Authority |
| Motion No: 2016-08767 |
| Slip Opinion No: 2019 NY Slip Op 60008(U) |
| Decided on January 2, 2019 |
| 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
M258807
E/afa
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-08767 Stephen Cortalano, appellant, v New Rochelle Municipal Housing Authority, respondent. (Index No. 58954/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated August 1, 2016, on the ground that it has been rendered academic. By decision and order on motion of this Court dated January 5, 2017, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. By order on application of this Court dated April 20, 2017, the appellant's time to perfect the appeal was extended until June 16, 2017. The appellant has failed to perfect the appeal.
Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the order on application dated April 20, 2017; and it is further,
ORDERED that the respondent's motion is denied as academic.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court