| D'Ambra v Villa Roma Resort and Conference Center, Inc |
| Motion No: 2007-10384 |
| Slip Opinion No: 2008 NYSlipOp 74228(U) |
| Decided on June 10, 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
M71614
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2007-10384 Jean D. D'Ambra, appellant, v Villa Roma Resort and Conference Center, Inc., respondent. (Index No. 16826/05)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated September 26, 2007, for failure to timely perfect, and for an award of costs and disbursements.
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 branch of the motion which is to dismiss the appeal 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]); and it is further,
ORDERED that the branch of the motion which is for an award of costs and disbursements is denied.
SPOLZINO, J.P., SANTUCCI, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court