| Hemmingway v Eubanks |
| Motion No: 2007-08109 |
| Slip Opinion No: 2008 NYSlipOp 74098(U) |
| Decided on June 9, 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
M71500
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2007-08109 Anthony Hemmingway, etc., et al., appellants, v Clarissa M. Eubanks, respondent. (Index No. 43705/97)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiffs, by permission, from an order of the Supreme Court, Kings County, dated August 31, 2007. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the stay granted by decision and order on motion of this court dated September 24, 2007, is vacated forthwith.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court