| Lin v McLeod |
| Motion No: 2006-04822 |
| Slip Opinion No: 2006 NYSlipOp 81251(U) |
| Decided on December 5, 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
M47733
E/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2006-04822 Henry Lin, etc., respondent, v Johnny M. McLeod, Jr., et al., appellants. (Index No. 21063/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to renew his prior motion to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 26, 2006, on the ground that it was untimely taken, which was determined by decision and order on motion dated August 23, 2006. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition to the motion, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the application is denied as academic.
SCHMIDT, J.P., SANTUCCI, RIVERA, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court