Wexler v Portside Condominium Association
Motion No: 2008-05460
Slip Opinion No: 2009 NYSlipOp 62705(U)
Decided on February 3, 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

M81920

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2008-05460

Howard Wexler, et al., appellants,

v Portside Condominium Association, et al.,

respondents.

(Index No. 26605-04)

DECISION & ORDER ON MOTION

Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 8, 2008, for failure to timely perfect.

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

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

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court