Valdivia v Consolidated Resistance Company of America,
Motion No: 2007-06433
Slip Opinion No: 2007 NYSlipOp 79017(U)
Decided on September 25, 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

M59866

E/nl

GABRIEL M. KRAUSMAN, J.P.

MARK C. DILLON

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-06433

Martin Valdivia, appellant, v Consolidated

Resistance Company of America, Inc.,

respondent, et al., defendant.

(Index No. 20117/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered May 30, 2007, on the ground that it was untimely taken (see CPLR 5513).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

KRAUSMAN, J.P., DILLON, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court