| Hampton Valley Farm, Inc. v Flower & Medalie |
| Motion No: 2008-03048 |
| Slip Opinion No: 2009 NYSlipOp 65201(U) |
| Decided on March 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. |
Appellate Division: Second Judicial Department
M83094
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2008-03048 Hampton Valley Farm, Inc., et al., plaintiffs, Rose Ann Shearin, appellant, v Flower & Medalie, etc., et al., respondents. (Index No. 22426-92)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 17, 2008, on the ground that the notice of appeal was not properly served in accordance with CPLR 2103(f)(1).
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 on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this court; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court