Dunbar v Benepe
Motion No: 2009-03748
Slip Opinion No: 2010 NY Slip Op 61578(U)
Decided on January 22, 2010
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

M97600

S/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-03748

James Dunbar, et al., appellants,

v Adrian Benepe, etc., et al., respondents.

(Index No. 29678/08)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated March 2, 2009, on the ground that the appellants are not aggrieved by the order dated March 2, 2009, or to enlarge the time to serve and file a brief.

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 is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

FISHER, J.P., ANGIOLILLO, BELEN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court