| Agudo v Zhinin |
| Motion No: 2009-11008 |
| Slip Opinion No: 2010 NY Slip Op 61340(U) |
| Decided on January 19, 2010 |
| 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
M97295
S/sl
JOSEPH COVELLO, J.P.
FRED T. SANTUCCI
HOWARD MILLER
RANDALL T. ENG, JJ.
|
2009-11008 Maria Canales Agudo, respondent, v Gloria Zhinin, defendant, Dana Kosits, et al., appellants. (Index No. 09-03576)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated October 6, 2009, on the ground that the notice of appeal was not timely filed (see CPLR 5513), and cross motion by the appellants to deem the notice of appeal which was timely served to be timely filed nunc pro tunc (see CPLR 5520[a]).
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted and the notice of appeal is deemed timely filed nunc pro tunc; and it is further,
ORDERED that the motion is denied.
COVELLO, J.P., SANTUCCI, MILLER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court