Malone v Small
Motion No: 2007-02013
Slip Opinion No: 2008 NYSlipOp 64499(U)
Decided on February 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M66638

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-02013

Todd Malone, appellant,

v G. Elvin Small III, etc., respondent.

(Index No. 6824-02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered February 2, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

RIVERA, J.P., MILLER, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court