| Steele v Lopez |
| Motion No: 2007-01667 |
| Slip Opinion No: 2007 NYSlipOp 70010(U) |
| Decided on May 23, 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
M54910
E/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
JOSEPH COVELLO
EDWARD D. CARNI, JJ.
|
2007-01667 Mark Steele, etc., et al., appellants, v Silvestre Lopez, respondent. (Index No. 05-19514)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated January 5, 2007, on the ground that the appellants failed to timely serve the notice of appeal. Application by the appellants, in effect, to deem the notice of appeal timely served.
Upon the papers filed in support of the motion and the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted, the notice of appeal is deemed timely served (see CPLR 5520[a]); and it is further,
ORDERED that the motion is denied.
PRUDENTI, P.J., SANTUCCI, COVELLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court