Rinberg v RGI Properties, Inc.
Motion No: 2010-04959
Slip Opinion No: 2010 NY Slip Op 81185(U)
Decided on September 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

M107732

E/ct

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2010-04959

Chaya Rinberg, et al., respondents,

v RGI Properties, Inc., et al., appellants.

(Index No. 06-22732)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals by RGI Properties, Inc., and McKinney Landscaping Corp., from an order of the Supreme Court, Westchester County, entered March 18, 2010, on the ground the appeal was not timely taken.

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

ORDERED that the branch of the motion which is to dismiss the appeal by McKinney Landscaping Corp., is denied as academic as that appeal was withdrawn by order on application dated August 4, 2010; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal by RGI Properties, Inc., is denied.

FLORIO, J.P., DICKERSON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court