Smith v Jackson
Motion No: 2006-05144
Slip Opinion No: 2007 NYSlipOp 62793(U)
Decided on February 8, 2007
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

M50639

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-05144

Elijah Smith, appellant,

v Julios D. Jackson, et al., respondents.

(Index No. 21169/04)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents Julios D. Jackson and Anthony Jackson to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 3, 2006, for failure to timely perfect the same.

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 motion 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]).

CRANE, J.P., GOLDSTEIN, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court