Greenpoint Ave. Realty, LLC v Estate of Peter Galasso
Motion No: 2006-00591 kc
Slip Opinion No: 2006 NYSlipOp 71052(U)
Decided on June 7, 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 and 11th JUDICIAL DISTRICTS


PRESENT: GOLIA, J.P., RIOS and BELEN, JJ.


NO. 2006-591 K C
GREENPOINT AVENUE REALTY, LLC,

Respondent,

-against-

ESTATE OF PETER GALASSO,

Appellant,

SAFWAY STEEL PRODUCTS, INC.

Undertenant.

DECISION

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

On the court's own motion, the matter is remitted to the court below for a hearing and the court below shall hear and report on the issue of whether proper service of the order 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.