Rosenblatt v Zhang
Motion No: 2008-11149
Slip Opinion No: 2010 NY Slip Op 63794(U)
Decided on February 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

M98940

E/sl

JOSEPH COVELLO, J.P.

HOWARD MILLER

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-11149

Lois M. Rosenblatt, etc., et al., appellants,

v Jenny X. Zhang, defendant, Paul H. Pevsner,

et al., respondents.

(Index No. 15546/06)

DECISION & ORDER ON MOTION

Appeal by the plaintiffs from an order of the Supreme Court, Queens County, entered October 17, 2008. By order to show cause dated January 20, 2010, the parties or their counsel were directed to show cause why an order should or should not be made and entered dismissing the above-entitled appeal for failure to perfect in accordance with the rules of this court.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]).

COVELLO, J.P., MILLER, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court