Steven Struhl, M.D. a/a/o Kelvin Rodriguez v Countrywide Ins. Co.

Steven Struhl, M.D. a/a/o Kelvin Rodriguez v Countrywide Ins. Co.

Motion No: 2006-01402 QC

Slip Opinion No: 2006 NYSlipOp 78350(U)

Decided on October 12, 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. 2006-1402 Q C

STEVEN STRUHL, M.D.
A/A/O KELVIN RODRIGUEZ,

Respondent,

-against-

COUNTRYWIDE INSURANCE COMPANY,

Appellant.

DECISION

Motion by respondent to dismiss the appeal from order dated September 28, 2005 as untimely filed is denied (CPLR 5513 [a]; Ping Lum v YWCA, 136 AD2d 972 [1988]; Nagin v Long Is. Sav. Bank, 94 AD2d 710 [1983]).