James H. Ross v Richard Casciello
Motion No: 2009-00828 QC
Slip Opinion No: 2009 NY Slip Op 76864(U)
Decided on June 25, 2009
Appellate Term, 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 TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and STEINHARDT, JJ.

NO. 2009-828 Q C
JAMES H. ROSS,

Respondent,

-against-


RICHARD CASCIELLO,

Appellant,

AUDREY CASCIELLO, LAURA CASCIELLO and
AMANDA CASCIELLO,

Respondents.

DECISION

Motion by tenant to file a notice of appeal is granted and tenant's moving papers are deemed to constitute a timely notice of appeal (see CPLR 5513 [a]; Farag v Farag, 4 AD3d 502 [2004]).