| Gavriyev v Thomas |
| Motion No: 2008-01691 |
| Slip Opinion No: 2008 NYSlipOp 69062(U) |
| Decided on April 14, 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
M68997
E/cb
DAVID S. RITTER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2008-01691 Robert Gavriyev, et al., plaintiffs-respondents, v Kanjama Thomas, et al., appellants, Junie Gaboton, et al., defendants-respondents. (Index No. 32972/02)
| DECISION & ORDER ON MOTION |
Separate motions by the defendants-respondents Junie Gaboton and Suzie Gaboton and the defendant-respondent Midley Powell to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 21, 2007, insofar as asserted against them on the ground that the appeal was untimely taken.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion of the defendants-respondents Junie Gaboton and Suzie Gaboton is granted and the appeal is dismissed insofar as asserted against the defendants-respondents Junie Gaboton and Suzie Gaboton, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the motion of the defendant-respondent Midley Powell is denied (see Maddox v City of New York, 104 AD2d 430).
RITTER, J.P., COVELLO, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court