| Martin J. Morris v Long Lake Estates, Inc. |
| Motion No: 2007-00806 C |
| Slip Opinion No: 2007 NYSlipOp 74976(U) |
| Decided on July 26, 2007 |
| 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. |
APPELLATE TERM : 9th and 11th JUDICIAL DISTRICTS
| MARTIN J. MORRIS, Respondent, -against- LONG LAKE ESTATES, INC., Appellant. |
DECISION
Motion by defendant for leave to file a late notice of appeal is granted and a copy of defendant's subject moving papers shall be filed in the court below by defendant, as the equivalent of a notice of appeal, within 30 days of the date of the order hereon.
The subject motion papers are deemed a notice of appeal which was timely served upon plaintiff (see CPLR 2103 [b]; Nagin v Long Is. Sav. Bank, 94 AD2d 710 [1983]; Anthony v Schofield, 265 App Div 423 [1943]) and defendant's omission to timely file a notice of appeal in the court below may be cured (CPLR 5520 [a]).