Fritzberg v Albert
Motion No: 2006-09400
Slip Opinion No: 2007 NYSlipOp 63460(U)
Decided on February 20, 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

M50988

E/nl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN

WILLIAM E. McCARTHY, JJ.

2006-09400

Pierre Fritzberg, etc., et al., plaintiffs-

respondents, v Richard Albert, et al.,

appellants, Jane L. Cho, etc., et al.,

defendants-respondents.

(Index No. 1722/03)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 5, 2006, on the ground, inter alia, that it was untimely taken.

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

ORDERED that the motion is denied.

MILLER, J.P., SPOLZINO, GOLDSTEIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court