| AgfaPhoto USA Corporation v Digital Photo & Video Cen |
| Motion No: 2011-06725 |
| Slip Opinion No: 2011 NY Slip Op 93367(U) |
| Decided on December 21, 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
M130247
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2011-06725, 2011-07582 AgfaPhoto USA Corporation, appellant, v Digital Photo & Video Center, Inc., et al., defendants, Vincent DeVito, respondent. (Index No. 17754-07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated November 12, 2010, as untimely taken, and to dismiss an appeal from an order of the same court dated June 22, 2011, on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements (see CPLR 5513[a]).
DILLON, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court