| Vip Constr. v Banani Inc. d/b/a Subway |
| Motion No: 2008-00894 WC |
| Slip Opinion No: 2008 NYSlipOp 90167(U) |
| Decided on November 20, 2008 |
| Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS
| VIP CONSTRUCTION, Appellant, -against- BANANI INC. d/b/a SUBWAY, Respondent. |
DECISION
Motion by appellant to vacate dismissal of the appeal is denied.
Movant fails to make a specific showing of merit to the appeal. Furthermore, it fails to show good cause for its omission to timely perfect the appeal (see Rules of App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.8 [a]).
The court rules clearly advise an appellant when an appeal is to be perfected.