MATTER OF XANDER CORP. v. HABERMAN


41 A.D.3d 489 (2007)

838 N.Y.S.2d 133

In the Matter of XANDER CORP., Respondent-Appellant, v. SINCLAIR HABERMAN et al., Appellants-Respondents, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 5, 2007.


Motion by the petitioner to dismiss the appeal from the order dated December 6, 2004 on the ground that the appeal was untimely taken. By decision and order on motion of this Court dated March 24, 2006, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the...

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