Huerter v Astoria Federal Savings Bank
Motion No: 2006-07983
Slip Opinion No: 2008 NYSlipOp 91272(U)
Decided on December 8, 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

M79494

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-07983

Gayle R. Huerter, as executrix of the estate

of Frank Popielaski, respondent, v

Astoria Federal Savings Bank, appellant,

et al., defendants

(and a third-party action).

(Index No. 24868-05)

DECISION & ORDER ON MOTION

Appeal by Astoria Federal Savings Bank from an order of the Supreme Court, Suffolk County, dated July 25, 2006. 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 timely perfect (see 22 NYCRR 670.8[e]).

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court