Agudelo v 18 Bridge Street, LLC
Motion No: 2007-06522
Slip Opinion No: 2007 NYSlipOp 82069(U)
Decided on October 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

M61528

E/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

THOMAS A. DICKERSON, JJ.

2007-06522

Julian Agudelo, respondent,

v 18 Bridge Street, LLC, et al., appellants.

(Index No. 11880/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a transcript of the Supreme Court, Nassau County, dated May 3, 2006, in effect, to dismiss the appeal on the ground of laches.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the motion is denied as academic.

SPOLZINO, J.P., KRAUSMAN, GOLDSTEIN and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court