| Harris v Salerno |
| Motion No: 2009-07689 |
| Slip Opinion No: 2009 NY Slip Op 88049(U) |
| Decided on November 6, 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
M94115
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
FRED T. SANTUCCI
SANDRA L. SGROI, JJ.
|
2009-07689 Richard Harris, respondent, v Russell S. Salerno, appellant. (Index No. 12673-07)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 14, 2009, as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]).
FISHER, J.P., COVELLO, SANTUCCI and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court