Dibernardo v Lindenwood Village Sec. A Cooperative Cor
Motion No: 2008-10465
Slip Opinion No: 2009 NYSlipOp 62328(U)
Decided on January 29, 2009
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

M81582

E/nl

PETER B. SKELOS, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2008-10465

Samuel J. Dibernardo, et al., respondents,

v Lindenwood Village Sec. A. Cooperative Corp.,

et al., appellants.

(Index No. 22419/07)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, entered September 8, 2008, on the ground that it was untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]).

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

ENTER:

James Edward Pelzer

Clerk of the Court