Opinion
2005-05390 Ind. No. 05-09164 M145777
11-07-2012
, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, rendered April 11, 2005, for failure to timely perfect.
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 on the Court's own motion, the appeal is dismissed, on the ground that the order is neither appealable as of right or by permission (see CPL 450.10, 450.15); and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., LEVENTHAL, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court