Matter of Goldberger v Eisner
Motion No: 2009-09342
Slip Opinion No: 2011 NY Slip Op 64267(U)
Decided on February 16, 2011
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

M115442

E/sl

A. GAIL PRUDENTI, P.J.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-09342

In the Matter of Erno Goldberger, etc., et al.,

petitioners-respondents, v Sholom Eisner,

appellant, et al., respondent.

(Index No. 31052/08)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 27, 2009.

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 denied; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this Court.

PRUDENTI, P.J., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court