Bozeman v Olivio
Motion No: 2009-05396
Slip Opinion No: 2011 NY Slip Op 67847(U)
Decided on March 23, 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

M117489

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2009-05396

Linda R. Daughtry Bozeman, appellant,

v Richard Olivio, et al., respondents, et al.,

defendants.

(Index No. 21284/08)

DECISION & ORDER ON MOTION

Motion by the respondents Leonard J. Pugatch and Philip P. Nikolis to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 6, 2009, 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 is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court.

SKELOS, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court