Bentley Macmillian v Eric Clarke
Motion No: 2006-00513 kc 04-04-2006
Slip Opinion No: 2006 NYSlipOp 69885(U)
Decided on May 18, 2006
Appellate Term, 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 TERM: 2nd and11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and RIOS, JJ.

NO. 2006-513 K C
BENTLEY MACMILLIAN,

Respondent,

-against-

ERIC CLARKE,

Appellant.

DECISION

Motion by respondent to dismiss appeal as untimely taken is denied.

Cross motion by appellant to remit the matter to the court below for a hearing is granted and the court below shall hear and report on the issue of whether proper service of the judgment which is the subject of this appeal was made, and, if so, when that service was made. The court below is to file its report with all convenient speed.