Esposito v Levinson
Motion No: 2021-00484
Slip Opinion No: 2021 NY Slip Op 66545(U)
Decided on May 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M277234

E/sl

CHERYL E. CHAMBERS, J.P.

HECTOR D. LASALLE

BETSY BARROS

PAUL WOOTEN, JJ.

2021-00484

Frank Esposito, appellant,

v Mark Levinson, et al., respondents.

(Index Nos. 800031/2020, 923/2008)

DECISION & ORDER ON MOTION

Appeal from a purported order of the Supreme Court, Putnam County, dated December 26, 2013. By order to show cause dated March 24, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no order dated December 26, 2013, was issued in the above-entitled actions.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that on the Court's own motion, the notice of appeal is deemed to reflect that the appeal is from an order dated December 23, 2013 (see CPLR 2001); and it is further,

ORDERED that the motion to dismiss the appeal is denied.

CHAMBERS, J.P., LASALLE, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court