| GMAC Mortgage Corp. v Jones |
| Motion No: 2005-10793 |
| Slip Opinion No: 2007 NYSlipOp 64615(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. |
Appellate Division: Second Judicial Department
M51756
E/sl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2005-10793 GMAC Mortgage Corp., respondent, v Donald Jones, appellant, etc., et al., defendants.
(Index No. 23902/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated September 29, 2005, on the ground that the appendix and appellant's brief submitted to the Clerk of the court for filing are inadequate. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the application is denied; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules and prior orders of this court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court