Nesconset Nursing Center, LLC v Balzarini
Motion No: 2007-07779
Slip Opinion No: 2008 NYSlipOp 74103(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M71498

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-07779

Nesconset Nursing Center, LLC, respondent,

v John Balzarini, et al., appellants.

(Index No. 3531-07)

DECISION & ORDER ON MOTION

Appeal by the defendants from an order of the Supreme Court, Suffolk County, dated August 1, 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 October 11, 2007, is vacated forthwith.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court