Town of Putnam Valley v Cabot
Motion No: 2018-12512
Slip Opinion No: 2019 NY Slip Op 61147(U)
Decided on January 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M259323

E/sl

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2018-12512

Town of Putnam Valley, plaintiff-respondent,

et al., plaintiffs, v Thomas Cabot, et al., defendants,

Alexander Kaspar, defendant-appellant; Grace De

Libero, nonparty-appellant; Bruce Donohue, etc.,

et al., nonparty-respondents.

(Index No. 627/06)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Putnam County, dated September 27, 2018. By order to show cause dated November 16, 2018, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal insofar as purportedly taken on behalf of Grace De Libero, on the ground that Alexander Kaspar, who is not an attorney licensed to practice law in New York, was without authority to take an appeal on her behalf.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 321; Vitiello v Merwin, 130 AD3d 609).

RIVERA, J.P., COHEN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court