Graffeo v Modlin
Motion No: 2007-09633
Slip Opinion No: 2008 NYSlipOp 77017(U)
Decided on July 7, 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

M72644

E/cb

ROBERT A. SPOLZINO, J.P.

ROBERT A. LIFSON

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2007-09633

Accursio Graffeo, et al., appellants,

v Saul Modlin, etc., et al., defendants,

Maureen Del Re, etc., et al., respondents.

(Index No. 362/07)

DECISION & ORDER ON MOTION

Motion by the respondents Dumitru Andrides and Nassau County Healthcare Corporation to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 11, 2007, for failure to timely perfect.

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 motion 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]).

SPOLZINO, J.P., LIFSON, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court