Kim Do v 96 Rockwell Street, LLC
Motion No: 2017-07207
Slip Opinion No: 2018 NY Slip Op 87697(U)
Decided on November 1, 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

M257060

E/afa

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2017-07207

Kim Do, respondent, v 96 Rockwell

Street, LLC, respondent-appellant,

Orion Elevator, Inc., respondent-appellant.

(Index No. 30324/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated May 24, 2017, 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 denied as unnecessary as the appeal and cross appeal have been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

RIVERA, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court