| Rockhill Development Corp. v CDIAX Montauk Realty, |
| Motion No: 2005-04979 |
| Slip Opinion No: 2006 NYSlipOp 61051(U) |
| Decided on January 25, 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. |
Appellate Division: Second Judicial Department
M35270
S/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
|
2005-04979 Rockhill Development Corp., respondent, v CDIAX Montauk Realty, Inc., et al., appellants. (Index No. 7465/03)
| DECISION & ORDER ON MOTION |
Appeal by the defendants from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated March 11, 2005. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this court and the prior orders of this court; and it is further,
ORDERED that the stay granted by decision and order on motion of this court dated June 21, 2005, is vacated forthwith.
H. MILLER, J.P., SCHMIDT, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court