O'lenahan v Mid-Island Restaurant Associates, L.P.
Motion No: 2008-06162
Slip Opinion No: 2008 NYSlipOp 85626(U)
Decided on October 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M76617

E/sl

FRED T. SANTUCCI, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2008-06162

Kevin C. O'Lenahan, appellant,

v Mid-Island Restaurant Associates, L.P.,

et al., respondents.

(Index No. 13581-05)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 13, 2007, on the ground that it was untimely taken (see CPLR 5513)

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

ORDERED that the motion is denied.

SANTUCCI, J.P., DILLON, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court