| Middleton v Rosenberg |
| Motion No: 2008-07408 |
| Slip Opinion No: 2009 NYSlipOp 67210(U) |
| Decided on March 20, 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
M84103
E/sl
A. GAIL PRUDENTI, P.J.
ROBERT A. SPOLZINO
ANITA R. FLORIO
THOMAS A. DICKERSON, JJ.
|
2008-07408 Carol Middleton, appellant, v Martin Rosenberg, respondent. (Index No. 05-15910)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered June 24, 2008, on the ground that the notice of appeal was not timely served.
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 motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5515[1]).
PRUDENTI, P.J., SPOLZINO, FLORIO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court