Opinion
CA 18-02188
08-27-2019
SUSAN M. COBAUGH, CHRISTINA SANABRIA, ET AL., PETITIONERS, v. STATE OF NEW YORK, ATTORNEY GENERAL FOR STATE OF NEW YORK, GOVERNOR OF STATE OF NEW YORK, NEW YORK STATE OFFICE OF INDIGENT LEGAL DEFENSE, NYCLU FOUNDATION, SCHULTE ROTH & ZABEL, LLP, AND NEW YORK STATE THIRD APPELLATE DEPARTMENT, DEFENDANTS.
PRESENT:
Petitioner Susan Cobaugh having moved on behalf of petitioners for an order curing a filing defect, for renewal of a previous motion dated March 19, 2019, and for other relief, in the appeal taken herein from a judgment (denominated "decision and order") of the Supreme Court, Albany County, entered September 12, 2018,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that petitioners failed to timely file and serve a notice of appeal (see Mokay v Mokay, 111 AD3d 1175, 1177 [3d Dept 2013]; Dokaj v Ruxton Tower Ltd. Partnership, 55 AD3d 662, 662-663 [2d Dept 2008]).
Entered: August 27, 2019
Mark W. Bennett
Clerk of the Court