DeSantis v Lessing's, Inc.
Motion No: 2007-06104
Slip Opinion No: 2007 NYSlipOp 78743(U)
Decided on September 24, 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

M59881

E/sl

STEPHEN G. CRANE, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2007-06104

Anita DeSantis, appellant,

v Lessing's, Inc., etc., respondent.

(Index No. 22213-05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated June 15, 2007, on the ground that it was untimely taken. Cross motion by the appellant for a preference in the calendaring of the appeal.

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 denied; and it is further,

ORDERED that the cross motion is granted and the appeal will be calendared expeditiously.

CRANE, J.P., LIFSON, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court