Marks v Model
Motion No: 2007-03455
Slip Opinion No: 2007 NYSlipOp 86554(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M63272

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2007-03455, 2007-09249

Lea Marks, plaintiff/second third-party

plaintiff-appellant, v Lawrence M.

Model, etc., respondent, et al., defendants;

Arlene Kahn, et al., third-party plaintiffs,

Michael H. Swirsky, etc., et al., third-party/

second-third defendants.

(Index No. 03-1492)

DECISION & ORDER ON MOTION

Motion by the third-party/second third-party defendant Michael H. Swirsky on appeals from two orders of the Supreme Court, Rockland County, entered March 30, 2007, and August 27, 2007, respectively, to dismiss the appeal from the order entered August 27, 2007, on the ground that the notice of appeal is defective.

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

ORDERED that the motion is denied.

CRANE, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court