Appellate Division: Second Judicial Department

M180912

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2014-05340 Ellen Capers, plaintiff, v Parkshore Healthcare, LLC, et al., respondents; Lola Capers, nonparty- appellant. (Index No. 32123/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated July 22, 2013, as a poor person. By order to show cause dated August 8, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action, inter alia, on the ground that the appellant did not oppose the motion which resulted in the order dated July 22, 2013, and therefore was not aggrieved by that order.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto,

ORDERED that the motion to dismiss the appeal is granted to the extent that the appeal is dismissed on the ground that the appellant did not oppose the motion which resulted in the order dated July 22, 2013, and therefore was not aggrieved by that order (see CPLR 5511), without costs or disbursements, and the motion is otherwise denied as academic; and it is further,

ORDERED that the appellant's motion is denied as academic.

DILLON, J.P., LEVENTHAL, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court