Williams v Bay Express, Inc.
Motion No: 2007-04896
Slip Opinion No: 2007 NYSlipOp 75712(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

M58462

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2007-04896

Mary Williams, plaintiff, Chuki I. Taylor,

appellant, v Bay Express, Inc., et al., respondents.

(Index No. 1372/05)

DECISION & ORDER ON MOTION

Motion by the respondents Bay Express, Inc., and Yeuda Solomonov to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 28, 2006, on the ground that it was untimely taken (see CPLR 5513). Cross motion by the appellant to impose a sanction upon the movants and for an award of costs and an attorney's fee.

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

ORDERED that the motion and cross motion are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court