| Scivolette v Roman |
| Motion No: 2025-04588 |
| Slip Opinion No: 2025 NY Slip Op 81032(U) |
| Decided on November 21, 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
M309476
AFA/
MARK C. DILLON, J.P.
LARA J. GENOVESI
DONNA-MARIE E. GOLIA
PHILLIP HOM, JJ.
|
2025-04588 George J. Scivolette, etc., appellant, v Ismael Roman, respondent, et al., defendant. (Index No. 80023/2024)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Dutchess County, dated February 5, 2025. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the appeal was untimely taken. Motion by the appellant for waiver of costs, fees, and expenses.
Upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the appellant and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion by the respondent which is to dismiss the appeal on the ground that the appeal was untimely taken is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the motion by the respondent is otherwise denied as academic; and it is further,
ORDERED that the motion by the appellant is denied as academic.
DILLON, J.P., GENOVESI, GOLIA and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court