DiMauro v United, LLC
Motion No: 2006-01372
Slip Opinion No: 2006 NYSlipOp 70969(U)
Decided on June 26, 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

M41296

O/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2006-01372

Joseph DiMauro, etc., appellant,

v United, LLC, et al., respondents.

(Index No. 05-8139)

DECISION & ORDER ON MOTION

Motion by the respondents United, LLC, Paul A. Varsames, and Louis Varsames to dismiss an appeal from an order of the Supreme Court, Westchester County, entered December 13, 2005, insofar as asserted against them, on the ground that the appeal was untimely taken.

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

ORDERED that the motion is denied.

MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court