Golio v Golio
Motion No: 2005-09280
Slip Opinion No: 2006 NYSlipOp 74084(U)
Decided on August 18, 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

M43522

A/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-09280

Patricia Golio, respondent, v

Anthony L. Golio, appellant.

(Index No. 1904/84)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered July 29, 2005, for failure to timely perfect the same, for an award of costs and disbursements, and for an attorney's fee.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is otherwise denied.

SCHMIDT, J.P., SANTUCCI, RIVERA, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court