904 N.E.2d 498, 876 N.Y.S.2d 344

SIERRA FRANK, Appellant, v. WILLIAM H. EATON et al., Respondents.

Court of Appeals of the State of New York.Submitted December 15, 2008.
Decided February 12, 2009.

Reported below, 54 AD3d 805.

Motion for leave to appeal dismissed as untimely (see CPLR 5513 [b]).

Chief Judge LIPPMAN taking no part.