Matter of Desroches, Joseph & Scott, M.D., P.C.
Motion No: 2009-02138
Slip Opinion No: 2009 NY Slip Op 76814(U)
Decided on July 1, 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

M88828

E/cb

STEVEN W. FISHER, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL, JJ.

2009-02138

In the Matter of Desroches, Joseph & Scott,

M.D., P.C.

Antonio Joseph, Jr., etc., respondent;

David Scott III, appellant.

(Index No. 30222/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered December 8, 2008, 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 motion is granted and the appeal is dismissed, without costs or disbursements (see Norstar Bank of Upstate NY v Office Control Sys., 78 NY2d 1110).

FISHER, J.P., MILLER, ANGIOLILLO and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court