Bozeman v Olivio
Motion No: 2009-05396
Slip Opinion No: 2009 NY Slip Op 82745(U)
Decided on September 3, 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

M91538

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2009-05396

Linda R. Daughtry Bozeman, appellant,

v Richard Olivio, et al., respondents, et al.,

defendants.

(Index No. 21284/08)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents Richard Olivio and Alan Finkelstein, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 6, 2009, on the ground that the notice of appeal was not timely served.

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

ORDERED that the motion is denied.

FISHER, J.P., SANTUCCI, ENG and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court