| Volpe v Valente |
| Motion No: 2006-05367 |
| Slip Opinion No: 2006 NYSlipOp 74208(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
M43439
C/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2006-05367 Vincent Volpe, et al., plaintiffs, Marika Tolaz, etc., appellant, v Richard Valente, et al., respondents. (Index No. 05112-99)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 31, 2006, on the ground that the appellant failed to serve the notice of appeal in accordance with CPLR 5515.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the notice of appeal which was timely filed, is deemed timely served (see CPLR 5520[a]).
SCHMIDT, J.P., SANTUCCI, RIVERA, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court