Baruth v Knightsbridge Construction Company
Motion No: 2007-02852
Slip Opinion No: 2007 NYSlipOp 75696(U)
Decided on August 14, 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

M58460

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2007-02852

Kathleen Baruth, appellant, v Knightsbridge

Construction Company, defendant third-party

plaintiff-respondent; Georal International, Ltd.,

third-party defendant-respondent.

(Index No. 28090-02)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 7, 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 granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513).

CRANE, J.P., FLORIO, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court