Recovery Racing, LLC, d/b/a Mercedes Benz of Massapeq
Motion No: 2007-02144
Slip Opinion No: 2007 NYSlipOp 69293(U)
Decided on May 10, 2007
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

M54465

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

GABRIEL M. KRAUSMAN

EDWARD D. CARNI, JJ.

2007-02144

Recovery Racing, LLC, d/b/a Mercedes

Benz of Massapequa, respondent, v Joseph

Abate, appellant (and a third-party action).

(Index No. 7764/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 14, 2006, on the ground that it 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.

MILLER, J.P., MASTRO, KRAUSMAN and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court