Middleton v Rosenberg a/k/a Ross
Motion No: 2008-07406
Slip Opinion No: 2008 NYSlipOp 87140(U)
Decided on October 24, 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

M77608

E/cb

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2008-07406

Carol Middleton, appellant,

v Martin Rosenberg, a/k/a Mickey Ross,

et al., respondents.

(Index No. 12649/07)

DECISION & ORDER ON MOTION

Separate motions by the respondent Martin Rosenberg, a/k/a Mickey Ross, and the respondent Ross Windows Corporation to dismiss an appeal from an order of the Supreme Court, Westchester County, entered June 24, 2008, insofar as asserted against them, on the ground that it was untimely taken.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted and the appeal is dismissed insofar as asserted against the respondents Martin Rosenberg, a/k/a Mickey Ross, and Ross Windows Corporation, without costs or disbursements (see CPLR 5515[1]).

SPOLZINO, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court