Stolzberg v Tijuana Enterprises, Inc.
Motion No: 2006-09893
Slip Opinion No: 2007 NYSlipOp 83286(U)
Decided on November 8, 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

M62129

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2006-09893

Benjamin Stolzberg, appellant, v

Tijuana Enterprises, Inc., et al., respondents.

(Index No. 09893/06)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated September 22, 2006.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the stay granted by decision and order on motion of this court dated November 9, 2006, is vacated forthwith.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court