Appellate Division: Second Judicial Department

M260494

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2018-14460, 2018-14461 Pharmalogical, Inc., plaintiff, William J. Scully, et al., appellants, v Geoffrey R. Kaiser, et al., defendants, Peter J. Tomao, etc., respondent. (Appeal No. 1) Pharmalogical, Inc., plaintiff, William J. Scully, et al., appellants, v Geoffrey R. Kaiser, et al., defendants, Thaler and Gertler, Esq., respondent. (Appeal No. 2) (Index No. 3860/17)

DECISION & ORDER ON MOTION

Motion by the respondent in Appeal No. 1 Peter J. Tomao on appeals from two orders of the Supreme Court, Suffolk County, dated May 22, 2018, and September 12, 2018, to dismiss the appeal from the order dated May 22, 2018, as untimely taken. Separate motion by the respondent in Appeal No. 2 Thaler and Gertler, Esq., inter alia, to dismiss the appeal from the order dated September 12, 2018, as untimely taken.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent in Appeal No. 1 Peter J. Tomao is granted and the appeal from the order dated May 22, 2018, is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the motion by the respondent in Appeal No. 2 Thaler and Gertler, Esq., is denied.

RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court