Opinion
2012-08843 Index No. 31594/08 M155567
05-01-2013
Robert Skahill, appellant, v. Roman Catholic Church of Our Lady of Snows, et al., defendants third-party plaintiffs-respondents; Morton J. Lemkau, Inc. doing business as Morton J. Lemkau Moving & Storage, et al., third-party defendants.
, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the defendants third-party plaintiffs-respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated August 21, 2012, on the ground that the notice of appeal was not timely served.
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, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., HALL, LOTT and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court