| Gerardi v American Golf Corporation |
| Motion No: 2005-08131 |
| Slip Opinion No: 2006 NYSlipOp 71862(U) |
| Decided on July 12, 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
M41783
E/sl
DAVID S. RITTER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-08131 Jane Gerardi, etc., et al., plaintiffs, Kristin Railey, appellant, v American Golf Corporation, et al., respondents (and a third-party action). (Index No. 40210/95)
| DECISION & ORDER ON MOTION |
Motion by the respondents American Golf Corporation and the City of New York to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 21, 2005, on the ground that is was not timely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Norstar Bank of Upstate NY v Office Control Systems, 78 NY2d 1110; cf. Matter of Reynolds v Dustman, 1 NY3d 559).
RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court