Bailey v Union Carbide Corporation
Motion No: 2006-07613
Slip Opinion No: 2007 NYSlipOp 78982(U)
Decided on September 25, 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

M60005

E/nl

HOWARD MILLER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-07613

Alyce Bailey, etc., et al., appellants, v Union

Carbide Corporation, et al., respondents.

(Index No. 02-17951)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 19, 2006.

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 branch of the motion which is to enlarge the time to perfect the appeal is denied; and it is further,

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., COVELLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court