| Berkowitz v Spring Creek, Inc. |
| Motion No: 2008-02040 |
| Slip Opinion No: 2008 NYSlipOp 78875(U) |
| Decided on July 29, 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
M73834
E/sl
ROBERT A. SPOLZINO, J.P.
STEVEN W. FISHER
MARK C. DILLON
THOMAS A. DICKERSON, JJ.
|
2008-02040 Carole Berkowitz, et al., plaintiffs-respondents, v Spring Creek, Inc., defendant third-party plaintiff-appellant, Deluxe Transportation, Inc., et al., defendants-appellants; Town of North Hempstead, third-party defendant, Metropolitan Transit Authority, third-party defendant-respondent. (Index No. 18482/05)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents on appeals from an order of the Supreme Court, Nassau County, dated February 14, 2008, to dismiss the appeal of Deluxe Transportation, Inc., and Willets Management Systems, Inc., as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SPOLZINO, J.P., FISHER, DILLON and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court