| Rosenthal v Orlando |
| Motion No: 2008-01588 |
| Slip Opinion No: 2009 NYSlipOp 65216(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
M83075
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2008-01588 Raquel M. Rosenthal, respondent, v Lorraine F. Orlando, et al., appellant. (Index No. 15126/96)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a judgment of the Supreme Court, Queens County, entered June 28, 2000. By decision and order on motion dated April 14, 2008, the respondent's motion to dismiss the appeal on the ground that it was not timely taken was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. The appeal has not been perfected and the appellant has not sought an enlargement of time to do so.
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]); and it is further,
ORDERED that the decision and order on motion dated April 14, 2008, is recalled and vacated, and the motion by the respondent to dismiss the appeal on the ground that it was not timely taken is denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court