| Matter of Axon Electrical Industries, Inc. |
| Motion No: 2007-07442 |
| Slip Opinion No: 2007 NYSlipOp 80588(U) |
| Decided on October 12, 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
M60969
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
RUTH C. BALKIN, JJ.
|
2007-07442 In the Matter of Axon Electrical Industries, Inc. Joseph Regina, appellant; Anthony Marotta, respondent. (Index No. 34634/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, entered June 28, 2007, as untimely taken.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal, which was timely filed, is deemed timely served (see CPLR 5520[a]); and it is further,
ORDERED that the motion is denied.
MILLER, J.P., GOLDSTEIN, SKELOS and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court