Cajamarca v Gator Hillside Village LLC
Motion No: 2022-03289
Slip Opinion No: 2023 NY Slip Op 62928(U)
Decided on March 6, 2023
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

M287709

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

BARRY E. WARHIT, JJ.

2022-03289

German Cajamarca, respondent,

v Gator Hillside Village, LLC, et al.,

appellants, et al., defendants

(and a third-party action).

(Index No. 606109/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 15, 2021. Motion by the respondent to dismiss the appeal as untimely taken. Separate motion by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the motion to extend the time to serve and file a brief is denied as academic.

DILLON, J.P., MALTESE, WOOTEN and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court