Marino v DeMita
Motion No: 2010-08207
Slip Opinion No: 2011 NY Slip Op 71573(U)
Decided on May 3, 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

M119425

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2010-08207

Sharon Marino, et al., appellants,

v Michael DeMita, et al., respondents,

et al., defendant.

(Index No. 8190/08)

DECISION & ORDER ON MOTION

Motion by the respondent Rosario Cracchiolo to dismiss an appeal from an order of the Supreme Court, Nassau County, entered July 19, 2010, for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed 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 the same in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court.

RIVERA, J.P., SKELOS, FLORIO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court