| Batista v Casso |
| Motion No: 2008-07363 |
| Slip Opinion No: 2009 NYSlipOp 67905(U) |
| Decided on March 30, 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
M84319
E/sl
STEVEN W. FISHER, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2008-07363 Anthony Batista, etc., appellant, v Emilio Casso, et al., respondents. (Index No. 19364/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent Emilio Casso to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 2, 2008, for failure to timely perfect.
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, for failure to timely perfect in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
FISHER, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court