Eastern Savings Bank, FSB v DD&S LLC
Motion No: 2013-01944
Slip Opinion No: 2013 NY Slip Op 84166(U)
Decided on September 4, 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

M161551

E/ct

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-01944

Eastern Savings Bank, FSB, plaintiff-respondent,

v DD & S LLC, et al., defendants, Joseph Savino,

defendant third-party defendant-respondent,

Rogan RR, LLC, defendant third-party plaintiff-

appellant; Andrew Greene, et al., third-party

defendants-respondents, et al., third-party defendants.

(Index No. 57696/11)

DECISION & ORDER ON MOTION

Motion by the third-party defendants-respondents Andrew Greene and Greene & Zinner, P.C., to dismiss an appeal from an order of the Supreme Court, Westchester County, entered December 11, 2012, 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 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., ANGIOLILLO, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court