| Gordon, David v Brinkman, Charles, et al. |
| Motion No: 570612/07 |
| Slip Opinion No: 2008 NYSlipOp 62081(U) |
| Decided on January 25, 2008 |
| Appellate Term, First 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. |
January 25, 2008
Gordon, David v Brinkman, Charles, et al.
It is Ordered that the motion is granted. The appeal is dismissed. The appellant has failed to comply with the rules of this court and two (2) prior conditional dismissal orders of this court, the last one was marked " final ". Accordingly, the appeal is dismissed. (see 22 NYCRR � 640.6) The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. (see CPLR � 2215 and 2103[b][2]).
By: Davis, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570612/07