Herrera v Sede Realty, Inc. |
Motion No: 2023-11237 |
Slip Opinion No: 2025 NY Slip Op 64002(U) |
Decided on March 5, 2025 |
Appellate Division, Second Department, Motion Decision |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M303313
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.
2023-11237 Raymondo Herrera, appellant, v Sede Realty, Inc., defendant third-party plaintiff-respondent; H & C Restaurant Corp., et al., third-party defendants-respondents. (Index No. 715506/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated August 2, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the defendant third-party plaintiff-respondent to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as unnecessary as the appeal is deemed dismissed pursuant to 22 NYCRR 1250.10(a).
DUFFY, J.P., BRATHWAITE NELSON, WARHIT and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court