NYCTL 1998-2 Trust v M & S Developers Corp.
Motion No: 2017-00440
Slip Opinion No: 2018 NY Slip Op 65253(U)
Decided on February 26, 2018
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

M246473

E/afa

SHERI S. ROMAN, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-00440

NYCTL 1998 - 2 Trust, plaintiff-respondent,

v M & S Developers Corp., appellant, et al.,

defendants; Centerville Properties LLC,

nonparty-respondent.

(Index No. 1078/12)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated November 7, 2016, 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 (see 22 NYCRR 670.8[e]).

ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court