Chas. H. Sells, Inc. v Kingsview Acres Corp.
Motion No: 2007-07845
Slip Opinion No: 2007 NYSlipOp 86439(U)
Decided on December 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

M63616

E/cb

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

THOMAS A. DICKERSON, JJ.

2007-07845

Chas. H. Sells, Inc., respondent,

v Kingsview Acres Corp., appellant;

Acquvest, Inc., proposed-intervenor.

(Index No. 10592/06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered May 11, 2007, on the ground that the appeal was not timely taken.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements.

MILLER, J.P., SPOLZINO, RITTER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court