Giannik v Shesh Contractors & Builders, Inc.
Motion No: 2011-09996
Slip Opinion No: 2011 NY Slip Op 93881(U)
Decided on December 27, 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

M130352

E/sl

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-09996

Joseph Giannik, plaintiff-respondent,

v Shesh Contractors & Builders, Inc.,

defendant-respondent, Charles Wiener,

et al., appellants, et al., defendant.

(Index No. 10293/08)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered August 29, 2011, insofar as taken against him as untimely.

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 insofar as taken against the plaintiff-respondent, without costs or disbursements (see CPLR 5513[a]).

ANGIOLILLO, J.P., LOTT, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court