Grasso v Koslowe
Motion No: 2009-04732
Slip Opinion No: 2009 NY Slip Op 90031(U)
Decided on December 2, 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

M95245

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-04732

Marie Grasso, etc., appellant,

v Rama Koslowe, etc., respondent.

(Index No. 10364/00)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Richmond County, dated April 7, 2009, for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal for failure to timely perfect 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]); and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., ENG, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court