Katz v Marra
Motion No: 2009-00418
Slip Opinion No: 2009 NYSlipOp 67276(U)
Decided on March 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M83967

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2009-00418

Jacob Katz, respondent,

v Benedetto Marra, appellant.

(Index No. 19016/03)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 10, 2008, on the ground that the notice of appeal is untimely.

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

ORDERED that the motion is denied.

FISHER, J.P., FLORIO, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court