| Matter of Carmoega v Vilato |
| Motion No: 2023-00709 |
| Slip Opinion No: 2023 NY Slip Op 78148(U) |
| Decided on December 11, 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
M292888
AFA/
HECTOR D. LASALLE, P.J.
FRANCESCA E. CONNOLLY
LARA J. GENOVESI
HELEN VOUTSINAS, JJ.
|
2023-00709 In the Matter of Nicole E. Carmoega, petitioner, v Robert N. Vilato, et al., respondents. (Docket No. V-2720-2017/22U)
| DECISION & ORDER ON MOTION |
By order to show cause dated February 1, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the notice of appeal does not designate the order appealed from as it does not include the date of the order (see CPLR 5515[1]). By decision and order on motion of this Court dated May 12, 2023, the motion to dismiss the appeal was granted, and the appeal was dismissed without costs or disbursements. Motion by Nicole E. Carmoega, inter alia, for leave to reargue her opposition to the motion to dismiss the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to reargue the opposition to the motion to dismiss the appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
LASALLE, P.J., CONNOLLY, GENOVESI and VOUTSINAS, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court