Charles "dennis" Zyburo v J.B.D. Constr. Inc.
Motion No: 2006-01333 SC
Slip Opinion No: 2006 NYSlipOp 78337(U)
Decided on October 4, 2006
Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ.

NO. 2006-1333 S C
CHARLES "DENNIS" ZYBURO,

Appellant,

-against-

J.B.D. CONSTRUCTION INC.,

Respondent.

DECISION

Motion by respondent to dismiss the appeal for failure to prosecute is denied without prejudice to renewal upon proper papers.

Absent is a sworn affidavit by movant in support of the motion.