Bettineschi v Healy Electric Contracting, Inc.
Motion No: 2009-08193
Slip Opinion No: 2009 NY Slip Op 91895(U)
Decided on December 18, 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

M96250

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

SANDRA L. SGROI, JJ.

2009-08193

Frank A. Bettineschi, et al., respondents,

v Healy Electric Contracting, Inc., defendant

third-party plaintiff-appellant; Bellway Electrical,

third-party defendant-appellant.

(Index No. 18468/06)

DECISION & ORDER ON MOTION

Motion by Bellway Electrical to accept as timely filed its notice of appeal from an order of the Supreme Court, Nassau County, dated August 10, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied as unnecessary as the notice of appeal was timely filed.

COVELLO, J.P., ANGIOLILLO, BALKIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court