| Critelli v Monroe Country Club, Inc. |
| Motion No: 2009-10278 |
| Slip Opinion No: 2010 NY Slip Op 66754(U) |
| Decided on March 26, 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. |
Appellate Division: Second Judicial Department
M100079
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2009-10278 Vincent A. Critelli, appellant, v Monroe Country Club, Inc., et al., respondents, et al., defendant. (Index No. 08-2857)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents Monroe Country Club, Inc., and Country Club Realty Corporation to dismiss an appeal from an order of the Supreme Court, Orange County, dated July 7, 2009, insofar as asserted against them as untimely taken. Application by the respondents Robert Havell and Robert Havell Revocable Trust to dismiss the appeal as against them as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is granted and the appeal is dismissed as against the respondents Monroe Country Club, Inc., and Country Club, Realty Corporation, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the application is denied (see Maddox v City of New York, 104 AD2d 430).
FISHER, J.P., DILLON, DICKERSON and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court