Rozyev v Alexander's Department Stores of Brooklyn, Inc.
Motion No: 2006-00566
Slip Opinion No: 2006 NYSlipOp 64697(U)
Decided on March 7, 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

M36671

O/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-00566

Makhsut Rozyev, respondent, v Alexander's

Department Stores of Brooklyn, Inc., et al.,

appellants.

(Index No. 7224/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 6, 2005, on the ground that it was untimely taken.

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

ORDERED that the motion is denied.

RITTER, J.P., SPOLZINO, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court