| McLean v Heller & Heller Attorneys at Law |
| Motion No: 2018-10400 |
| Slip Opinion No: 2019 NY Slip Op 70823(U) |
| Decided on May 20, 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
M262830
E/mm
MARK C. DILLON, J.P.
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2018-10400 Allan McLean, respondent, v Heller & Heller Attorneys at Law, et al., appellant (Index No. 56392/16)
| DECISION & ORDER ON MOTION s. |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated July 23, 2018, for failure to timely perfect. Cross motion by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition 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); and it is further,
ORDERED that the cross motion is denied without prejudice to making a motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal.
DILLON, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court