Umanzor v Charles Hofer Painting & Wallpapering, Inc.
Motion No: 2006-10394
Slip Opinion No: 2006 NYSlipOp 82984(U)
Decided on December 27, 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

M48740

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2006-10394

Erick Umanzor, appellant, v Charles Hofer

Painting & Wallpapering, Inc., respondent,

et al., defendants

(and other titles).

(Index No. 14071/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered October 27, 2006, on the ground that an appeal from an order of the same court dated June 16, 2006 (Appellate Division Docket No. 2006-08464), upon which the judgment was entered, was dismissed by decision and order on motion of this court dated October 13, 2006, on the ground that the appeal from the order was untimely taken.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., SANTUCCI, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court