| McCullough v L.P. Stair & Rail, Inc. |
| Motion No: 2012-06183 |
| Slip Opinion No: 2013 NY Slip Op 72396(U) |
| Decided on May 1, 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. |
Appellate Division: Second Judicial Department
M155570
E/nl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
SYLVIA HINDS-RADIX, JJ.
|
2012-06183
Michael McCullough, appellant-respondent, v L.P. Stair & Rail, Inc., et al., respondents Eastport Home & Land Company, LLC, defendant third-party plaintiff-respondent- appellant; Bove Industries, Inc., third-party defendant-respondent. (Index No. 16458/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents Acura Plumbing & Heating Corp. and Liberty Eagle Plumbing & Heating Corp. to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 24, 2012, 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 on the Court's own motion, the cross 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]); and it is further,
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]).
SKELOS, J.P., HALL, LOTT and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court