Vargas v Applebaum Realty, LLC
Motion No: 2009-03392
Slip Opinion No: 2009 NY Slip Op 90041(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

M95200

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-03392

Walter Vargas, appellant, v Applebaum

Realty, LLC, et al., respondents.

(Index No. 7488/05)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Separate motions by the respondents Applebaum Realty, LLC, and Sutton Madison, Inc., and the respondents 27 East 65th Street Owners Corp. and Residential Management Group to dismiss an appeal from an order of the Supreme Court, Queens County, entered February 19, 2009, for failure to timely perfect.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are 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]).

MASTRO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court