| Morgan v Neighborhood Partnership Housing Developmen |
| Motion No: 2007-04141 |
| Slip Opinion No: 2007 NYSlipOp 76481(U) |
| Decided on August 28, 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
M58977
E/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
ROBERT A. LIFSON
DANIEL D. ANGIOLILLO, JJ.
|
2007-04141 Egbert Morgan, respondent, v Neighborhood Partnership Housing Development Fund Company, Inc., defendant, Great American Construction Co., Inc., appellant (and third-party actions). (Index No. 28846/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 7, 2007, as untimely taken. Cross motion by the appellant pursuant to CPLR 5520(a) to extend the time to file the notice of appeal, which was timely served.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that cross motion is granted and the notice of appeal, which was timely served, is deemed timely filed pursuant to CPLR 5520(a); and it is further,
ORDERED that the motion is denied.
MILLER, J.P., SANTUCCI, LIFSON and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court