Noel v Tyler
Motion No: 2014-07974
Slip Opinion No: 2015 NY Slip Op 67986(U)
Decided on March 25, 2015
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

M189569

T/ct

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-07974

Wilhelm Noel, appellant,

v Bryan Tyler, respondent.

(Index No. 703016/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered April 28, 2014. Cross motion by the respondent, inter alia, to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]), and the cross motion is otherwise denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., SGROI, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court