Frisch v Harris
Motion No: 2011-05566
Slip Opinion No: 2011 NY Slip Op 84827(U)
Decided on September 26, 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

M126271

E/ct

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-05566

Aline M. Frisch, appellant,

v Phillip Harris, et al., respondents.

(Index No. 21542/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered April 5, 2011, as untimely taken.

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 (see CPLR 5513)[a].

MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court