Cunningham v Overbaugh
Motion No: 2007-03740
Slip Opinion No: 2008 NYSlipOp 65290(U)
Decided on March 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M66320

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

MARK C. DILLON

ARIEL E. BELEN, JJ.

2007-03740, 2007-05235

Mary Cunningham, appellant,

v Michael Overbaugh, respondent.

(Index No. 8732/05)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss appeals from an order of the Supreme Court, Queens County, dated February 27, 2007, and a judgment of the same court dated April 23, 2007, for failure to timely perfect the same.

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 appeals are 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 BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court