| Frederique v Gachette |
| Motion No: 2008-09921 |
| Slip Opinion No: 2009 NY Slip Op 82753(U) |
| Decided on September 3, 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
M91572
E/sl
STEVEN W. FISHER, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
L. PRISCILLA HALL, JJ.
|
2008-09921 Elda Frederique, respondent, v Louis Gachette, appellant, et al., defendant. (Index No. 493/07)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered September 23, 2009, 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., SANTUCCI, ENG and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court