Matter of Weslowski v Day
Motion No: 2018-09640
Slip Opinion No: 2019 NY Slip Op 75194(U)
Decided on July 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M264361

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-09640

In the Matter of John L. Weslowski, appellant,

v Edwin J. Day, etc., et al., respondents.

(Index No. 14669/2010)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Rockland County, dated March 22, 2018, for failure to comply with a decision and order on motion of this Court dated March 25, 2019, or, in the alternative, to extend the time to serve and file a brief.

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 is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is denied as academic.

MASTRO, J.P., LEVENTHAL, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court