| Sutton v 509-511 Kings Highway, LLC |
| Motion No: 2019-08373 |
| Slip Opinion No: 2019 NY Slip Op 80919(U) |
| Decided on September 30, 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
M266244
E/sl
ALAN D. SCHEINKMAN, P.J.
REINALDO E. RIVERA
CHERYL E. CHAMBERS
VALERIE BRATHWAITE NELSON, JJ.
|
2019-08373 Jeff Sutton, respondent, v 509-511 Kings Highway, LLC, et al., appellants, et al., defendants. (Index No. 507728/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 23, 2018, as untimely taken. Cross motion by the appellants, inter alia, to deem the notice of appeal to be filed nunc pro tunc.
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 cross motion is denied; and it is further,
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]).
SCHEINKMAN, P.J., RIVERA, CHAMBERS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court