Nashel v Battle
Motion No: 2006-07814 +1
Slip Opinion No: 2006 NYSlipOp 81123(U)
Decided on December 4, 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

M47734

E/sl

THOMAS A. ADAMS, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-07814, 2006-09360

Naji Nashel, respondent, v

Henry Battle, et al., appellants.

(Index No. 10270/03)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from a judgment and an order of the Supreme Court, Kings County, dated May 2, 2006, and September 6, 2006, respectively, inter alia, to dismiss the appeal from the judgment on the ground that the appeal from the judgment was untimely taken.

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

ORDERED that the motion is denied.

ADAMS, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court