| RKO Properties, Ltd. v Boymelgreen |
| Motion No: 2007-10934 |
| Slip Opinion No: 2008 NYSlipOp 74995(U) |
| Decided on June 16, 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
M71901
E/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-10934, 2008-04717 RKO Properties, Ltd., appellant, v Shaya Boymelgreen, et al., respondents; Ira D. Tokayer, nonparty-appellant. (Index No. 29822/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated November 14, 2007, as superseded by an order of the same court dated January 24, 2008, and to dismiss the appeal from the order dated January 24, 2008, on the ground that it was untimely taken, or, in the alternative, to dismiss the appeals on the ground that they have been rendered academic.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., MILLER, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court