Appel v Appel
Motion No: 2006-09779
Slip Opinion No: 2007 NYSlipOp 71701(U)
Decided on June 18, 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

M56089

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2006-09779

Steve Appel, appellant-respondent,

v Rona Appel, respondent-appellant.

(Index No. 7728/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated August 28, 2006, on the ground that it was untimely taken.

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 dismissed without prejudice to making a new motion upon proper proof of service of the motion upon the appellant-respondent.

PRUDENTI, P.J., MASTRO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court