Oppedisano v Oppedisano
Motion No: 2005-08171
Slip Opinion No: 2006 NYSlipOp 60847(U)
Decided on January 19, 2006
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

M34993

Y/nal

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-08171

Carlo Oppedisano, appellant,

v Frank Oppedisano, respondent.

(Index No. 16739/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated March 28, 2001, for leave to reargue a prior motion to deem the notice of appeal timely filed nunc pro tunc, and cross motion by the respondent to dismiss the appeal on the ground that the appeal was untimely taken, which prior motion and cross motion were decided by decision and order on motion of this court dated November 2, 2005.

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

ORDERED that the motion is denied with $100 costs.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court