Gold v First Stop Tire Shop, Inc.
Motion No: 2007-01491
Slip Opinion No: 2007 NYSlipOp 74757(U)
Decided on August 1, 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

M57774

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2007-01491

Abraham Gold, etc., et al., respondents,

v First Stop Tire Shop, Inc., appellant,

et al., defendant.

(Index No. 7442/02)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 17, 2007, for failure to timely perfect the same in accordance with the rules of the court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as premature as the appellant's time to perfect the appeal has not expired.

RIVERA, J.P., COVELLO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court