Malick v 2261 Palmer Avenue Corp.
Motion No: 2013-02226
Slip Opinion No: 2014 NY Slip Op 68405(U)
Decided on April 3, 2014
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

M172147

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-02226

Lynn Malick, appellant, v 2261 Palmer

Avenue Corp., et al., respondents.

(Index No. 08-16193)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, dated January 2, 2013, for failure to timely perfect. Cross motion by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is denied; 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 (see 22 NYCRR 670.8[e]) and prior order of this Court.

SKELOS, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court