Campoverde v Bruckner Plaza Associates, L.P.
Motion No: 2007-00111
Slip Opinion No: 2007 NYSlipOp 64609(U)
Decided on March 7, 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

M51730

E/sl

ROBERT W. SCHMIDT, J.P.

ROBERT A. SPOLZINO

ANITA R. FLORIO

PETER B. SKELOS, JJ.

2007-00111

Jorge Campoverde, appellant,

v Bruckner Plaza Associates, L.P., et al.,

respondents

(and a third-party action).

(Index No. 29204/00)

DECISION & ORDER ON MOTION

Motion by the respondents Fisher Development, Inc., and Gap, Inc., to dismiss so much of the plaintiff's appeal from an order of the Supreme Court, Kings County, dated March 30, 2006, as denied as untimely his motion for leave to reargue.

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

ORDERED that the motion is denied without prejudice to the respondents raising the issue in their respective briefs.

SCHMIDT, J.P., SPOLZINO, FLORIO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court