| Hart v Baer's Rug & Linoleum Company, Inc. |
| Motion No: 2010-08384 |
| Slip Opinion No: 2011 NY Slip Op 66724(U) |
| Decided on March 11, 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. |
Appellate Division: Second Judicial Department
M116818
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
ROBERT J. MILLER, JJ.
|
2010-08384 Martha Hart, et al., plaintiffs-respondents, v Baer's Rug & Linoleum Company, Inc., appellant-respondent, Omni Construction Group, defendant-respondent, Davidow Family Limited, defendant third-party plaintiff-appellant; TGA Associates, Inc., third-party defendant- respondent. (Index No. 22191-04)
| DECISION & ORDER ON MOTION |
Motion by Omni Construction Group and TGA Associates, Inc., on appeals from an order of the Supreme Court, Suffolk County, dated July 9, 2010, to dismiss the appeal by Baer's Rug & Linoleum Company, Inc., as untimely taken. Application by Baer's Rug & Linoleum Company, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its appeal.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal by Baer's Rug & Linoleum Company, Inc., is dismissed, without costs or disbursements; and it is further,
ORDERED that the application is denied as academic.
ANGIOLILLO, J.P., FLORIO, BELEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court