Matter of Poppe v Ruocco
Motion No: 2006-00351
Slip Opinion No: 2006 NYSlipOp 73736(U)
Decided on August 15, 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

M43229

A/mv

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2006-00351

In the Matter of John Poppe, et al.,

respondents, v Laura Ruocco, appellant.

(Docket Nos. V-2761/05, V-2762/05)

DECISION & ORDER ON MOTION
Motion To Dismiss Appeal

Motion by the respondents, inter alia, to dismiss an appeal from an order of the Family Court, Richmond County, dated December 1, 2005, on the ground that the notice of appeal was not timely served.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is denied, and the notice of appeal is deemed timely served (see CPLR 5520[a]).

KRAUSMAN, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court