| Pesochinskay v Freidman |
| Motion No: 2007-01249 |
| Slip Opinion No: 2007 NYSlipOp 69611(U) |
| Decided on May 16, 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. |
Appellate Division: Second Judicial Department
M54706
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
RUTH C. BALKIN, JJ.
|
2007-01249 Anna Pesochinskay, respondent, v Evgeny Freidman, et al., appellants. (Index No. 30499/02
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated October 26, 2006, as untimely taken. Cross motion by the appellants to deem a notice of appeal from a decision of the same court dated June 16, 2006, which notice of appeal was served but not filed, to be a premature notice of appeal from the judgment.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the cross motion is denied.
RITTER, J.P., GOLDSTEIN, FISHER and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court