Appellate Division: Second Judicial Department

M267573

kbp/

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

ANGELA G. IANNACCI, JJ.

2016-08490 John L. Weslowski, respondent-appellant, v Patricia Zugibe, etc., et al., appellants-respondents. (Index No. 31752/16)

DECISION & ORDER ON MOTION

2019-07179, 2019-07180

John L. Weslowski, appellant,

v Patricia Zugibe, etc., et al., respondents.

(Index No. 31752/16)

Motion by John L. Weslowski on an appeal and cross appeal from an order of the Supreme Court, Rockland County, dated July 21, 2016, which was determined by decision and order of this Court dated December 19, 2018, and appeals an order of the same court dated May 2, 2019, and a money judgment of the same court entered January 16, 2019, inter alia, to direct the Rockland County Clerk to enter a final judgment pursuant to CPLR 5016(c) in the above-entitled action. Separate motion by Patricia Zugibe, Jeffrey J. Fortunato, and the County of Rockland to dismiss the appeal from the money judgment entered January 16, 2019, as untimely taken.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by John L. Weslowski is denied; and it is further,

ORDERED that the motion by Patricia Zugibe, Jeffrey J. Fortunato, and the County of Rockland is granted, and the appeal from the money judgment entered January 16, 2019, is dismissed (see CPLR 5513).

CHAMBERS, J.P., AUSTIN, ROMAN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court