| Martins v Barros |
| Motion No: 2005-09264 |
| Slip Opinion No: 2006 NYSlipOp 61238(U) |
| Decided on January 30, 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
M35394
O/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, 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 cross appeal by the defendants James Franceschini and Debra Franceschini on the ground that it was untimely taken, and, in effect, for reargument of a prior motion to dismiss the appeal by the defendant Jonathan J. Vieira on the ground that it was untimely taken, which was determined by decision and order on motion of this court dated January 4, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court