Cassaberry v Sferrazza
Motion No: 2010-01724
Slip Opinion No: 2011 NY Slip Op 66521(U)
Decided on March 10, 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

M116815

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-01724

Cheryl Cassaberry, etc., et al., plaintiffs,

v Mario Sferrazza, appellant, County of Suffolk,

et al., respondents, et al., defendants.

(Index No. 39208-08)

DECISION & ORDER ON MOTION

Motion by the respondent County of Suffolk and separate motion by the respondents Town of Brookhaven and Town of Brookhaven Department of Housing, Community Development, and Intergovernmental Affairs, to dismiss an appeal by Mario Sferrazza from an order of the Supreme Court, Suffolk County, dated January 4, 2010, for failure to timely perfect.

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

ORDERED that the motion is granted, and the appeal by Mario Sferrazza is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e][1]).

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court