| Scott v Access-A-Ride |
| Motion No: 2009-00704 |
| Slip Opinion No: 2009 NY Slip Op 72295(U) |
| Decided on May 12, 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
M86498
E/cb
ROBERT A. SPOLZINO, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-00704
Deborah A. Scott, respondent, v Access-A-Ride, et al., appellants, et al., defendants. (Index No. 19298/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered December 2, 2008, on the ground that it was untimely taken.
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 motion is denied.
SPOLZINO, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court