| Bank of New York v Henderson |
| Motion No: 2006-05456 |
| Slip Opinion No: 2006 NYSlipOp 74191(U) |
| Decided on August 22, 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
M43440
C/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2006-05456 Bank of New York, etc., plaintiff-respondent, v Kathy Henderson, appellant, et al., defendants; Rahim Siunykalimi, intervenor-respondent.
(Index No. 15493/03)
| DECISION & ORDER ON MOTION |
Motion by the intervenor-respondent, joined by the plaintiff-respondent, to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 1, 2006, on the ground that the appeal was untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal insofar as asserted against the plaintiff-respondent is granted and the appeal insofar as asserted against the plaintiff-respondent is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal insofar as asserted against the intervenor-respondent is denied (see Maddox v City of New York, 104 AD2d 430).
SCHMIDT, J.P., SANTUCCI, RIVERA, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court