| Keith v Coster |
| Motion No: 2005-11399 +1 |
| Slip Opinion No: 2006 NYSlipOp 65292(U) |
| Decided on March 20, 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
M37017
Y/sl
DAVID S. RITTER, J.P.
ROBERT A. SPOLZINO
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-11399, 2005-11400 Susannah Keith, appellant, v John Coster, respondent. (Index No. 14128/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from a decision of the Supreme Court, Westchester County, dated August 12, 2005, and a judgment of the same court dated October 17, 2005, to dismiss the appeal from the judgment on the ground that the notice of appeal was untimely served and filed.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment as untimely filed is denied (see CPLR 5513); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment as untimely served is denied; the notice of appeal is deemed timely served (see CPLR 5520[a]).
RITTER, J.P., SPOLZINO, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court