Trumboli v Fifth Avenue Paving, Inc.
Motion No: 2007-07838
Slip Opinion No: 2007 NYSlipOp 80682(U)
Decided on October 15, 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

M61028

E/sl

REINALDO E. RIVERA, J.P.

GABRIEL M. KRAUSMAN

ANITA R. FLORIO

MARK C. DILLON, JJ.

2007-07838

Eleanor Trumboli, appellant, v Fifth Avenue

Paving, Inc., et al., respondents.

(Index No. 7387/05)

DECISION & ORDER ON MOTION

Separate motions by the respondent Fifth Avenue Paving, Inc., and the respondents Gateway Inn, Inc., and Coma Realty Corp. to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered June 4, 2007, on the ground that the appeal is "jurisdictionally time barred" because the appellant failed to take an appeal from an order of the same court February 2, 2007.

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

ORDERED that the motions are denied.

RIVERA, J.P., KRAUSMAN, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court