| Universal Underwriters Insurance Company v Filardi |
| Motion No: 2009-04209 |
| Slip Opinion No: 2009 NY Slip Op 75662(U) |
| Decided on June 19, 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
M87798
E/sl
ROBERT A. SPOLZINO, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2009-04209 Universal Underwriters Insurance Company, etc., respondent, v Anthony D. Filardi, appellant, et al., defendant. (Index No. 06-386)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated February 18, 2009, as untimely taken, and for an award of an attorney's fee, costs, and disbursements. Application by the appellant pursuant to CPLR 5520(a) to deem the notice of appeal, which was timely served, to be timely filed.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the application is granted, and the notice of appeal, which was timely served, is deemed to be timely filed (see CPLR 5520[c]); and it is further,
ORDERED that the motion is denied.
SPOLZINO, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court