Swalg Development Corp. v Gaines
Motion No: 2007-07425
Slip Opinion No: 2008 NYSlipOp 69089(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M68993

E/cb

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2007-07425

Swalg Development Corp., appellant,

v Spencer H. Gaines, etc., et al., respondents.

(Index No. 30190/92)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 18, 2007, for failure to timely perfect.

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 appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

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

ENTER:

James Edward Pelzer

Clerk of the Court