| Gihon, LLC v 501 Second Street, LLC |
| Motion No: 2006-06211 |
| Slip Opinion No: 2007 NYSlipOp 71943(U) |
| Decided on June 19, 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
M56039
E/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
MARK C. DILLON
EDWARD D. CARNI, JJ.
|
2006-06211 Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Index No. 3446/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated June 19, 2006, for failure to perfect the appeal in accordance with the rules of the court (see 22 NYCRR 670.10.2). Application by the respondent 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 papers filed in opposition thereto, and upon the application, it is
ORDERED that the branch of the motion which is to dismiss the appeal for failure to perfect the appeal in accordance with the rules of the court is granted and the appeal is dismissed (see 22 NYCRR 670.10.2), without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is denied as academic.
CRANE, J.P., RITTER, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court