| Middleton v Rosenberg, a/k/a Ross |
| Motion No: 2008-07406 |
| Slip Opinion No: 2009 NYSlipOp 67211(U) |
| Decided on March 20, 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
M84104
E/sl
A. GAIL PRUDENTI, P.J.
ROBERT A. SPOLZINO
ANITA R. FLORIO
THOMAS A. DICKERSON, JJ.
|
2008-07406 Carol Middleton, appellant, v Martin Rosenberg, a/k/a Mickey Ross, et al., respondents. (Index No. 07-12649)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 24, 2008, in the above-entitled matter, which granted motions by the respondent Martin Rosenberg, a/k/a Mickey Ross, and the respondent Ross Windows Corporation, on an appeal from an order of the Supreme Court, Westchester County, entered June 24, 2008, is amended by deleting from the first paragraph the words "on the ground that it was untimely taken," and substituting therefor the words "on the ground that the notice of appeal was not timely served."
PRUDENIT, P.J., SPOLZINO, FLORIO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court