Valverde v Chan
Motion No: 2009-00174
Slip Opinion No: 2009 NYSlipOp 65916(U)
Decided on March 9, 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

M83413

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-00174

Fabrizio Valverde, et al., respondents,

v Hur Chan, appellant.

(Index No. 806/03)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered August 12, 2008, inter alia, as untimely taken.

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 the branch of the motion which is to dismiss the appeal as untimely taken is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court