Ednie v Resnick
Motion No: 2008-03469
Slip Opinion No: 2008 NYSlipOp 89981(U)
Decided on November 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

M78914

S/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2008-03469

Erin Ednie, respondent,

v Marie Resnick, et al., appellants.

(Index No. 23085-07)

DECISION & ORDER ON MOTION

Appeal by the defendants from an order of the Supreme Court, Suffolk County, dated March 26, 2008. The appeal has not been perfected.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the stay granted by decision and order on motion of this court dated May 8, 2008, is vacated forthwith.

MASTRO, J.P., MILLER, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court