Baldwin Service Station, Inc. v Agcaian
Motion No: 2008-02433
Slip Opinion No: 2008 NYSlipOp 71931(U)
Decided on May 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

M70402

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2008-02433, 2008-02436

Baldwin Service Station, Inc., respondent,

v Anton Agcaian, appellant.

(Index No. 5653/05)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Nassau County, dated February 14, 2007, and January 23, 2008, respectively, on the ground that they were untimely taken.

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

ORDERED that the branch of the motion which is to dismiss the appeals is granted and the appeals are dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SPOLZINO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court