Haberman v Cheesecake Factory Restaurants, Inc., d/b/a C

Haberman v Cheesecake Factory Restaurants, Inc., d/b/a C

Motion No: 2006-03923

Slip Opinion No: 2006 NYSlipOp 70974(U)

Decided on June 26, 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

M41293

O/sl

DANIEL F. LUCIANO, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-03923
Harla Haberman, appellant, v
Cheesecake Factory Restaurants, Inc.,
d/b/a The Cheesecake Factory, respondents.
(Index No. 17738/03)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Nassau County, dated March 3, 2006, on the ground that the appellant failed to timely appeal from an order of the same court dated November 7, 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 (see CPLR 5011).

LUCIANO, J.P., RIVERA, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court