Restani Construction Corp. v JMA Concrete Construction
Motion No: 2012-11454
Slip Opinion No: 2013 NY Slip Op 67227(U)
Decided on March 13, 2013
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

M152496

T/ct

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2012-11454, 2012-11455

Restani Construction Corp., etc., et al., respondents,

v JMA Concrete Construction Co., Inc., defendant,

LAWS Construction Corp., et al., appellants.

(Index No. 31896/09)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Queens County, dated January 11, 2012, and September 25, 2012, respectively, to dismiss the appeal from the order dated January 11, 2012, as untimely taken.

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 appeal from the order dated January 11, 2012 (Appellate Division Docket No. 2012-11455), is dismissed, without costs or disbursements.

DILLON, J.P., AUSTIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court