| Matter of Biener Auto Group, Inc., doing business as Biener |
| Motion No: 2011-08266 |
| Slip Opinion No: 2012 NY Slip Op 74565(U) |
| Decided on May 29, 2012 |
| 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
M138416
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2011-08266 In the Matter of Biener Auto Group, Inc., doing business as Biener Audi, respondent, v Microboard Processing, Inc., et al., appellants. (Index No. 1726/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 8, 2011, for failure to timely perfect.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal for failure to timely perfect is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court