Frattellone v Dalton Farm Homeowners Association, Inc.
Motion No: 2006-09840
Slip Opinion No: 2007 NYSlipOp 78994(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

M59910

E/nl

STEPHEN G. CRANE, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2006-09840

Edward Frattellone, et al., appellants,

v Dalton Farm Homeowners Association,

Inc., et al., respondents.

(Index No. 3539/04)

DECISION & ORDER ON MOTION

Motion by the respondents Dalton Farm Homeowners Association and to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated September 15, 2006, for failure to timely perfect the same.

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

ORDERED that the motion is granted and 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]).

CRANE, J.P., LIFSON, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court