| Bennett v State Farm Fire and Casualty Company |
| Motion No: 2020-09029 |
| Slip Opinion No: 2021 NY Slip Op 62396(U) |
| Decided on February 26, 2021 |
| 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
M275737
E/sl
LEONARD B. AUSTIN, J.P.
ROBERT J. MILLER
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2020-09029 Richard Bennett, etc., et al., respondents, v State Farm Fire and Casualty Company, et al., defendants, Creative Landscaping by Cow Bay, Inc., et al., appellants (and other titles). (Index No. 10385/2013)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Nassau County, entered November 10, 2020. Motion by the respondents, in effect, to dismiss the appeal by Creative Landscaping by Cow Bay, Inc., on the ground that it is not aggrieved by the order, or, in the alternative, to direct Creative Landscaping by Cow Bay, Inc., to perfect its appeal expeditiously.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal by Creative Landscaping by Cow Bay, Inc., on the ground that it is not aggrieved by the order entered November 10, 2020, is granted and the appeal by Creative Landscaping by Cow Bay, Inc., is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the motion is otherwise denied as academic.
AUSTIN, J.P., MILLER, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court