| Monaco v Meerendonk |
| Motion No: 2005-07297 |
| Slip Opinion No: 2007 NYSlipOp 70512(U) |
| Decided on May 31, 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
M55161
E/sl
REINALDO E. RIVERA, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
RUTH C. BALKIN, JJ.
|
2005-07297 Domenico Monaco, appellant, et al., plaintiff, v Benjamin Van Meerendonk, et al., respondents.
(Index No. 7774/90)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated August 10, 2005, on the ground, inter alia, that the appellant did not settle the transcript and the appendix is inadequate, or, in the alternative, to enlarge the time to serve and file a brief. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application to enlarge the time to serve and file a brief are denied as academic.
RIVERA, J.P., GOLDSTEIN, SKELOS and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court