Sabinas v Hernandez
Motion No: 2005-03572
Slip Opinion No: 2006 NYSlipOp 60962(U)
Decided on January 23, 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 is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35140

T/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2005-03572

George Sabinas, appellant, v Luis

A. Hernandez, et al., respondents.

(Index No. 23352/01)

DECISION & ORDER ON MOTION

Motion by the respondent Elverado Destin to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 19, 2005, on the ground that the notice of appeal was not timely filed.

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 motion is granted and the appeal is dismissed, without costs or disbursements.

PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court