| Khanimov v Arroyo |
| Motion No: 2007-05212 |
| Slip Opinion No: 2008 NYSlipOp 60028(U) |
| Decided on January 3, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M64251
E/sl
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
MARK C. DILLON
EDWARD D. CARNI, JJ.
|
2007-05212 Rafael Khanimov, appellant, v Jose Arroyo, et al., respondents. (Index No. 5432/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent Jose Arroyo to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered May 10, 2007, on the ground that the issues raised on this appeal could have been raised on an appeal from an order of the same court dated April 7, 2003 (Appellate Division Docket No. 2003-04238), which was dismissed by decision and order on motion of this court dated April 27, 2004, for failure to timely perfect.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Bray v Cox, 38 NY2d 350).
RIVERA, J.P., RITTER, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court