| Sherry v Wal-Mart Stores East, L.P. |
| Motion No: 2009-02189 |
| Slip Opinion No: 2009 NY Slip Op 72509(U) |
| Decided on May 14, 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
M86635
E/cb
REINALDO E. RIVERA, J.P.
HOWARD MILLER
RUTH C. BALKIN
LEONARD B. AUSTIN, JJ.
|
2009-02189
Maura Sherry, et al., plaintiffs-respondents, v Wal-Mart Stores East, L.P., appellant, Coca Cola Enterprises, Inc., defendant- respondent. (Index No. 06-04636)
| DECISION & ORDER ON MOTION |
Motion by plaintiffs-respondents on an appeal from an order of the Supreme Court, Orange County, dated January 26, 2009, to dismiss an appeal purportedly filed by Coca Cola Enterprises, Inc., on the ground that the notice of appeal was untimely.
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 denied as unnecessary as Coca Cola Enterprises, Inc., never filed a notice of appeal.
RIVERA, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court