Agnello v Town of Huntington
Motion No: 2009-09762
Slip Opinion No: 2010 NY Slip Op 75267(U)
Decided on June 24, 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

M104622

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

HOWARD MILLER

JOHN M. LEVENTHAL, JJ.

2009-09762

Michael Agnello, etc., et al., appellants,

v Town of Huntington, respondent.

(Index No. 4513-07)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 3, 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 in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

RIVERA, J.P., SANTUCCI, MILLER and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court