Jorge v Noe
Motion No: 2007-00242
Slip Opinion No: 2007 NYSlipOp 63242(U)
Decided on February 15, 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

M50843

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

DAVID S. RITTER

DANIEL D. ANGIOLILLO, JJ.

2007-00242

Marcello Jorge, appellant, v

Ivan Noe, et al., respondents.

(Index No. 4195/05)

DECISION & ORDER ON MOTION

Motion by the respondents Ivan Noe and Noah Trans Corp. to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 27, 2006, insofar as asserted against them on the ground that the appeal was untimely taken, and separate motion by the respondent W-CBS-TV and CBS Broadcasting, Inc., for the same relief.

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

ORDERED that the motion of the respondents W-CBS-TV and CBS Broadcasting, Inc., is granted, and the appeal is dismissed insofar as asserted against them, without costs or disbursements; and it is further,

ORDERED that the motion of the respondents Ivan Noe and Noah Trans Corp. is denied (see Maddox v City of New York, 104 AD2d 430).

MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court