Martins v Barros
Motion No: 2005-09264
Slip Opinion No: 2006 NYSlipOp 60192(U)
Decided on January 4, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and subject to revision before publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34358

T/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-09264

Elder Martins, etc., et al., plaintiffs-respondents,

v George Barros, et al., defendants, James

Franceschini, et al., defendants respondents-

appellants, Gerard Schector, et al., defendants

appellants-respondents, Father & Son Concrete

Corp., et al., defendants third-party plaintiffs-

respondents; Supertouch Construction Corp.,

et al., third-party defendants-appellants.

(Index No. 605/04)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents on appeals and cross appeals from an order of the Supreme Court, Nassau County, entered August 31, 2005, to dismiss the appeal by the defendant respondent-appellant Jonathan J. Vieira on the ground that it was untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court