| Carmine Ltd. v Zimic, Edward |
| Motion No: 570228/09 |
| Slip Opinion No: 2009 NYSlipOp 65835(U) |
| Decided on March 6, 2009 |
| Appellate Term, First 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. |
March 6, 2009
Carmine Ltd. v Zimic, Edward
It is Ordered that the motion to dismiss the appeal is denied, without prejudice to renew upon timely service of the moving papers on the adversary. Service having been made by mail, five [5] additional days notice should have been given. ( CPLR § 2103[b][2] and 2214[b] )
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570228/09