Barrera v Martinez
Motion No: 2008-04292
Slip Opinion No: 2008 NYSlipOp 92354(U)
Decided on December 18, 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

M80051

E/cb

PETER B. SKELOS, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

RANDALL T. ENG, JJ.

2008-04292

Ana D. Barrera, etc., et al., appellants,

v Edna Martinez, respondent.

(Index No. 14333/05)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 9, 2008, for failure to timely perfect the same.

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

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

SKELOS, J.P., DILLON, McCARTHY and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court