Rodriguez v 322 West 57th Owner, LLC
Motion No: 2012-07823
Slip Opinion No: 2013 NY Slip Op 73783(U)
Decided on May 15, 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

M156338

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-07823

Gilberto Rodriguez, etc., appellant,

v 322 West 57th Owner, LLC, et al., defendants

third-party plaintiffs-respondents; Distinct

Drywall, Inc., third-party defendant-respondent.

(Index No. 18714/08)

DECISION & ORDER ON MOTION

Separate motions by the defendants third-party plaintiffs-respondents and the third-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 31, 2012, for failure to timely perfect.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation or relation thereto, it is

ORDERED that the motions are 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., ANGIOLILLO, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court