Egon Birnbaum v Dynasty Tool Rental & Floor Supply
Motion No: 2010-01332 kc
Slip Opinion No: 2010 NY Slip Op 77064(U)
Decided on July 9, 2010
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2010-1332 K C
Egon Birnbaum, Respondent, v Dynasty Tool Rental & Floor Supply, Appellant.

Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered December 15, 2008.

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

ORDERED that the motion by respondent to dismiss the appeal for failure to prosecute is granted.

ENTER:

Paul Kenny

Chief Clerk