Doobay v Doobay
Motion No: 2014-11129
Slip Opinion No: 2015 NY Slip Op 87080(U)
Decided on October 9, 2015
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

M199658

E/ct

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2014-11129

Yarmatti Doobay, plaintiff-respondent,

v Lukaran Doobay, defendant-respondent;

Robert G. Smith, nonparty-appellant.

(Index No. 21051/03)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 10, 2014, for failure to timely perfect and for an award of costs.

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

ORDERED that the branch of the motion which is to dismiss the appeal 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; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., AUSTIN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court