MATTER OF AMACKASSIN GARDENS, INC., res, v. JERRICK ASSOCIATES, INC., ap — Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated August 28, 2012, as untimely taken.

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 the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the motion is otherwise denied as academic.

ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.