| Gitlin v Chirinkin |
| Motion No: 2008-11161 |
| Slip Opinion No: 2009 NYSlipOp 60918(U) |
| Decided on January 15, 2009 |
| 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
M81153
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
|
2008-11161 Eduard Gitlin, respondent, v Alex Chirinkin, et al., appellants. (Index No. 12131/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered October 22, 2008, as untimely taken or to enlarge the time to serve and file a brief.
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 served, is deemed timely filed (see CPLR 5520[a]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as unnecessary as the brief was filed on January 13, 2009.
SPOLZINO, J.P., SANTUCCI, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court