| Matter of Cotton v Martuscello |
| Motion No: 2024-08837 |
| Slip Opinion No: 2025 NY Slip Op 77965(U) |
| Decided on October 6, 2025 |
| 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
M308402
ID/
MARK C. DILLON, J.P.
BARRY E. WARHIT
CARL J. LANDICINO
PHILLIP HOM, JJ.
|
2024-08837 In the Matter of Maurice Cotton, etc., appellant, v David F. Martuscello, etc., et al., respondents. (Index No. 817/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgement (one paper) of the Supreme Court, Dutchess County, dated March 26, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect 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 to vacate the dismissal of the appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., WARHIT, LANDICINO and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court