Howard v Perito
Motion No: 2005-03026
Slip Opinion No: 2006 NYSlipOp 64761(U)
Decided on March 8, 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

M36731

T/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-03026

Zwardie Howard, et al., appellants, v

Karen Perito, et al., respondents.

(Index No. 32017/02)

DECISION & ORDER ON MOTION

Motion by the respondents William Drayton and Danielle Kelly to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 14, 2005, on the ground that the appellants have failed to timely perfect the appeal. Separate motion by the respondents Karen Perito and Mary Fileccia for the same relief.

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

ORDERED that the motions are granted and the appeal is dismissed, without costs or disbursements.

PRUDENTI, P.J., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court