Lewin v Ayton
Motion No: 2009-00677
Slip Opinion No: 2009 NY Slip Op 88052(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M94120

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2009-00677

Pauline Lewin, respondent,

v Corinne Ayton, appellant.

(Index No. 07-17379)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated December 11, 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., COVELLO, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court