Opinion
Motion No: 2016-02195 SC
07-13-2017
North Country Road Realty, LLC, Appellant, v. Hightide Automotive, Inc., Respondent.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to enlarge the time to serve and file a respondent's brief on an appeal from an order of the District Court of Suffolk County, Sixth District, entered June 21, 2016, or for alternative relief. Cross motion by appellant, in effect, for summary reversal and for related relief.
Upon the papers filed in support of the motion and the cross motion, it is
ORDERED, on the court's own motion, that the appeal and respondent's motion are dismissed; and it is further,
ORDERED that appellant's motion is denied as academic.
The appeal is dismissed, as appellant expressly states in its brief on appeal that it does not challenge the District Court's dismissal of the petition. Rather, on appeal, appellant merely challenges the District Court's findings of fact and conclusions of law. Findings of fact and conclusions of law are not separately appealable (see Kneip v McWilliams, 71 AD3d 895 [2010]; see also Granata v City of White Plains, 88 AD3d 948 [2011]). Respondent's motion is dismissed, as a corporation must appear by attorney and cannot proceed pro se (see CPLR 3215 [a]; DeMartino v Golden, 150 AD3d 1200 [2017]).
ENTER:
Paul Kenny
Chief Clerk