| Smith v Morgan |
| Motion No: 2011-09965 |
| Slip Opinion No: 2012 NY Slip Op 79712(U) |
| Decided on July 24, 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
M141034
E/nl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
MARK C. DILLON
ARIEL E. BELEN, JJ.
|
2011-09965
Carl Smith, appellant, v Gaston Morgan, respondent. (Index No. 12258/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 6, 2011, for failure to timely perfect.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]).
RIVERA, J.P., SKELOS, DILLON and BELEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court