Appellate Division: Second Judicial Department

M64258

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-07592 Donald Haszinger, appellant-respondent, v Andrew Sandler, et al., respondents, Round Hill Development Corp., defendant third-party plaintiff/fourth-party defendant-respondent-appellant; Shore Construction, et al., defendants third-party defendants/fourth-party defendant-respondent; Robert Praver, et al., fourth-party plaintiffs-respondents. (Index No. 20522-00)

DECISION & ORDER ON MOTION

Motion by the respondent Stewart Senter, Inc., to dismiss the appellant-respondent's appeal from an order of the Supreme Court, Suffolk County, dated May 21, 2007, on the ground that the appellant-respondent is not aggrieved by the portions of the order from which he appeals, and to dismiss the cross appeal as untimely taken. Cross motion by the appellant-respondent for summary reversal.

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

ORDERED that the branch of the motion which is to dismiss the appellant-respondent's appeal is denied without prejudice to the respondent Stewart Senter, Inc., raising the issue in its brief; and it is further,

ORDERED that the branch of the motion which is to dismiss the cross appeal as untimely taken is denied (see Maddox v City of New York, 104 AD2d 430); and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., RITTER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court