Dube Titus & Fulton Titus v Jeanette M. Johnson
Motion No: 2007-00919 KC 06-22-2007
Slip Opinion No: 2007 NYSlipOp 73679(U)
Decided on July 11, 2007
Appellate Term, 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.


At a term of the Appellate Term of the Supreme Court

of the State of New York for the 2nd & 11th Judicial Districts

JULY 11, 2007

HON. MICHAEL L. PESCE, P.J.

HON. MICHELLE WESTON PATTERSON

HON. ARIEL E. BELEN, JJ.

2007-00919 K C
DUBE TITUS and FULTON TITUS,

Appellants,

-against-

JEANETTE M. JOHNSON,

Respondent.

The above named appellants having appealed to this court from an ORDER of the CIVIL COURT, CITY OF NEW YORK, KINGS COUNTY entered on JANUARY 31, 2007, and the RESPONDENT having moved this court by notice of motion returnable JUNE 22, 2007 to DISMISS THE APPEAL AS UNTIMELY and said motion having duly come on to be heard;

Now, on reading the papers filed in support of said motion and no papers having been filed in opposition thereto, and due deliberation having been had thereon, it is,

ORDERED that the motion is granted (CPLR 5513[a].

HON. MICHAEL L. PESCE

PRESIDING JUSTICE

Appellate Term