Martin v Total Realty Associate, Inc.
Motion No: 2020-03922
Slip Opinion No: 2021 NY Slip Op 63348(U)
Decided on March 22, 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

M276232

MB/

REINALDO E. RIVERA, J.P.

MARK C. DILLON

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2020-03922

Kevin Martin, appellant, et al., plaintiff,

v Total Realty Associate, Inc., respondent.

(Index No. 56117/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated May 6, 2020. Motion by the respondent to dismiss the appeal as untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as academic, as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

RIVERA, J.P., DILLON, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court