Kolmel-Hayes v South Shore Cruise Lines, Inc.
Motion No: 2008-09334
Slip Opinion No: 2010 NY Slip Op 65550(U)
Decided on March 15, 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

M99713

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2008-09334, 2008-11537

Maureen Kolmel-Hayes, appellant, et al., plaintiffs,

v South Shore Cruise Lines, Inc., respondent.

(Index No. 12291/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, entered September 11, 2008, and an order of the same court dated November 17, 2008, and for leave to prosecute the appeals on the original papers. Cross motion by the respondent to dismiss the appeals for failure to timely perfect.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted and the appeals are 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., RIVERA, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court