| Allen v Calleja |
| Motion No: 2007-05228 |
| Slip Opinion No: 2008 NYSlipOp 63789(U) |
| Decided on February 15, 2008 |
| 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
M66033
E/sl
STEVEN W. FISHER, J.P.
HOWARD MILLER
WILLIAM E. McCARTHY
CHERYL E. CHAMBERS, JJ.
|
2007-05228 Edward Allen, etc., appellant, v Gregorio Calleja, etc., et al., respondents. (Index No. 16123/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent St. John's Episcopal Hospital to dismiss an appeal from an order of the Supreme Court, Queens County, dated April 12, 2007, insofar as asserted against it 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 on the respondent St. John's Episcopal Hospital (see CPLR 5520[a]); and it is further,
ORDERED that the motion is denied.
FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court