| Burton v Burton |
| Motion No: 2017-03474 |
| Slip Opinion No: 2019 NY Slip Op 85431(U) |
| Decided on December 6, 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
M267928
kbp/
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-03474 Frank Burton, et al., respondents, v Pierre Burton, appellant.
(Index No. 102821/12)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Richmond County, dated March 6, 2017, on the ground that the appellant does not have standing to prosecute the appeal. By decision and order on motion of this Court dated November 28, 2017, the motion was held in abeyance, and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof, and the appellant's time to perfect the appeal was extended until January 29, 2018. The appellant has not perfected the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic, as the appeal has been deemed dismissed.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court