| Empire Insurance Company v Insurance Corporation of Ne |
| Motion No: 2005-11323 |
| Slip Opinion No: 2006 NYSlipOp 62931(U) |
| Decided on February 14, 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. |
Appellate Division: Second Judicial Department
M36054
E/nal
DAVID S. RITTER, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-11323
Empire Insurance Company, etc., respondent- appellant, v Insurance Corporation of New York, appellant-respondent, Valdez Demolition, Inc., et al., respondents. (Index No. 37328/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 3, 2005, to dismiss the cross appeal on the ground that the cross appeal was untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied (see CPLR 5513[a]).
RITTER, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court