| Azte, Inc. v Auto Collection, Inc. |
| Motion No: 2012-10705 |
| Slip Opinion No: 2013 NY Slip Op 74449(U) |
| Decided on May 22, 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
M156710
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
|
2012-10705 Azte, Inc., et al., respondents, et al., plaintiff, v Auto Collection, Inc., et al., appellants, et al., defendant. (Index No. 19999/08)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated September 19, 2012, insofar as taken by Auto Collection, Inc., 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 thereto, it is
ORDERED that on the Court's own motion, the appeal insofar as taken by Joshua Lever is dismissed, without costs or disbursements, on the ground that he is not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,
ORDERED that the motion is granted and the appeal insofar as taken by Auto Collection, Inc., 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