| O'Sullivan v Doremus |
| Motion No: 2008-05449 |
| Slip Opinion No: 2008 NYSlipOp 84491(U) |
| Decided on October 1, 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
M76455
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS, JJ.
|
2008-05449 Michael D. O'Sullivan, et al., appellants, v William C. Doremus, et al., respondents. (Index No. 06-7829)
| DECISION & ORDER ON MOTION |
Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Orange County, dated May 29, 2008, on the ground that the appellants did not timely file the notice of appeal. Cross motion by the appellants pursuant to CPLR 5520(a) to deem the notice of appeal, which was timely served, to be timely filed.
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted and the notice of appeal is deemed timely filed (see CPLR 5520[a]); and it is further,
ORDERED that the motions are denied.
RIVERA, J.P., MILLER, ANGIOLILLO and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court