| Tanalski, Josephine v Starbucks Corp., et al. |
| Motion No: 570535/07 |
| Slip Opinion No: 2008 NYSlipOp 80383(U) |
| Decided on August 19, 2008 |
| Appellate Term, First 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. |
August 19, 2008
Tanalski, Josephine v Starbucks Corp., et al.
It is Ordered that the motion and cross-motion to dismiss the appeal are granted. The appellant's failure to timely serve and file a Notice of Appeal within thirty-five days after service of a copy of the order, with notice of its entry, mandates the dismissal of the appeal. ( see CPLR § 5513[a] ) The appeal is stricken from the October 2008 calendar. [ cal # 08-330 ]
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570535/07