| Rios v Starrett City Housing Corp. |
| Motion No: 2007-10045 |
| Slip Opinion No: 2008 NYSlipOp 61883(U) |
| Decided on January 24, 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
M65296
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
EDWARD D. CARNI, JJ.
|
2007-10045 Lisa Rios, respondent, v Starrett City Housing Corp., appellant. (Index No. 30381/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 5, 2007, on the ground that it was untimely taken. Cross motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the cross motion is denied as academic.
SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court