| Simmons-McGhee v McGhee |
| Motion No: 2021-08914 |
| Slip Opinion No: 2023 NY Slip Op 71089(U) |
| Decided on July 31, 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. |
Appellate Division: Second Judicial Department
M290308
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LINDA CHRISTOPHER
LILLIAN WAN, JJ.
|
2021-08914 Josette Simmons-McGhee, appellant, v Michael J. McGhee, respondent. (Index No. 51615/2011)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated October 12, 2021. Motion by the appellant to extend the time to perfect the appeal. Cross-motion by the respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the cross-motion is granted, and the appeal is dismissed without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., CHAMBERS, CHRISTOPHER and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court