Totaro v 158-29 Cross Bay Boulevard Corporation
Motion No: 2006-08906
Slip Opinion No: 2007 NYSlipOp 75095(U)
Decided on August 7, 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

M58100

E/nl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2006-08906

Lawrence Totaro, et al., appellants,

v 158-29 Cross Bay Boulevard Corporation,

et al., respondents, et al., defendants

(and a third-party action).

(Index No. 6461/04)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated August 16, 2006, for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court