Appellate Division: Second Judicial Department

M288122

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

LILLIAN WAN, JJ.

2022-03453 Thomas J. Spota, etc., plaintiff-respondent, v Paul White, appellant, Donna White, et al., defendants-respondents. (Index No. 29681/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated February 10, 2022. Motion by the plaintiff-respondent to dismiss the appeal as untimely taken. Motion by the appellant, in effect, to deem the notice of appeal to be timely served and filed and for leave to prosecute the appeal as a poor person. Separate motion by the appellant to disqualify the District Attorney, Suffolk County, from representing the plaintiff-respondent on the appeal.

Upon the papers filed in support of the motion by the plaintiff-respondent and the motion by the appellant, in effect, to deem the notice of appeal to be timely served and filed and for leave to prosecute the appeal as a poor person, and the papers filed in opposition thereto, and upon the papers filed in support of the separate motion by the appellant to disqualify the District Attorney, Suffolk County, from representing the plaintiff-respondent on the appeal, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by the appellant which is, in effect, to deem the notice of appeal to be timely served and filed is denied; and it is further,

ORDERED that the motion by the plaintiff-respondent 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 motions by the appellant are otherwise denied as academic.

IANNACCI, J.P., CHRISTOPHER, FORD and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court