Degaetano v United Water New Rochelle, Inc.
Motion No: 2009-08456
Slip Opinion No: 2010 NY Slip Op 73064(U)
Decided on June 1, 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

M102861

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

SHERI S. ROMAN, JJ.

2009-08456

Dominick Degaetano, et al., appellants,

v United Water New Rochelle, Inc., respondent.

(Action No. 1)

Larry Weiner, et al., appellants,

v United Water New Rochelle, Inc., respondent.

(Action No. 2)

(Index Nos. 05-19293, 05-19292)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated August 4, 2009, for failure to timely perfect.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

RIVERA, J.P., FLORIO, MILLER and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court