Ufnal v Great Atlantic & Pacific Tea Company, Inc., d/b/a

Ufnal v Great Atlantic & Pacific Tea Company, Inc., d/b/a

Motion No: 2006-03335

Slip Opinion No: 2007 NYSlipOp 64899(U)

Decided on March 9, 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

M51603

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO, JJ.

2006-03335
Zbigniew Andrew Ufnal, appellant, v
Great Atlantic & Pacific Tea Company, Inc.,
d/b/a Food Emporium, respondent.
(Index No. 49280/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated March 22, 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 and prior orders of this court (see 22 NYCRR 670.8[e]).

RIVERA, J.P., RITTER, GOLDSTEIN and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court