| Bruno v Trus A. Joist Weyerhaeuser Business |
| Motion No: 2009-11549 |
| Slip Opinion No: 2010 NY Slip Op 84694(U) |
| Decided on October 13, 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
M109462
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2009-11549 Steven Bruno, etc., et al., plaintiffs, v Trus A. Joist Weyerhaeuser Business, et al., defendants, Joseph F. Galea, defendant third-party/fourth third-party plaintiff-appellant, Ned Flanagan, third-party defendant-respondent, Prime Source Building Products, Inc., third-party defendant-appellant, et al., third-party defendant; S & F Plumbing and Heating Corp., fourth third- party defendant-respondent (and another title). (Index No. 1536/04)
| DECISION & ORDER ON MOTION |
Motion by S & F Plumbing and Heating Corp. on appeals from an order of the Supreme Court, Putnam County, dated November 2, 2009, to dismiss the appeal by Joseph F. Galea 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 by Joseph F. Galea 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]); and it is further,
ORDERED that on the court's own motion, the appeal by Prime Source Building Products, Inc., 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., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court