| White v Mazella-White |
| Motion No: 2007-07818 |
| Slip Opinion No: 2007 NYSlipOp 80980(U) |
| Decided on October 17, 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
M61129
E/sl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
MARK C. DILLON
EDWARD D. CARNI, JJ.
|
2007-07818, 2007-07819, 2007-07820 James White, respondent, v Theresa Mazella-White, appellant.
(Index No. 02-8350)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Westchester County, both entered July 13, 2007, and a judgment of the same court dated July 16, 2007, on the ground that the notice of appeal was not timely served.
Upon the papers filed in support of the motion and the papers filed in opposition 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.
PRUDENTI, P.J., FISHER, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court