Concord Delivery Serv., Inc. v Syosset Props., L.L.C.

Concord Delivery Serv., Inc. v Syosset Props., L.L.C.

Motion No: 2006-02171 NC

Slip Opinion No: 2007 NYSlipOp 80925(U)

Decided on October 2, 2007

Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2006-2171 N C

CONCORD DELIVERY SERVICE, INC.,

Respondent,

-against-

SYOSSET PROPERTIES, LLC.,

Appellant.

DECISION

Motion by respondent for an order dismissing the appeal is denied.

Cross motion by appellant for an order deeming its appeal to be from the judgment after trial granted (see CPLR 5520 [c]; Advanced Remodeling & Mgt. Corp. v Clemente, 13 Misc 3d 134[A], 2006 NY Slip Op 52027[U] [App Term, 9th & 10th Jud Dists]).