Ryan Foster v Desiree Gan & Roy Gan
Motion No: 2008-01751 kc
Slip Opinion No: 2010 NY Slip Op 88799(U)
Decided on November 17, 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

JAIME A. RIOS, J.P.

MICHAEL L. PESCE

JOSEPH G. GOLIA, JJ.

DECISION & ORDER ON MOTION

2008-1751 K C
Ryan Foster, Appellant, v Desiree Gan and Roy Gan, Respondents.

Motion by respondents to dismiss as untimely an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 7, 2008.

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

ORDERED that the motion is granted (CPLR 5513 [a]; see Strober King Bldg. Supply Ctrs., Inc. v Merkley, 266 AD2d 203 [1999]; Goldman v Akl, 3 Misc 3d 131[A], 2004 NY Slip Op 50399[U] [App Term, 2d & 11th Jud Dists 2004]).

ENTER:

Jaime A. Rios

Associate Justice