| McGee v Dunn |
| Motion No: 2009-05575 |
| Slip Opinion No: 2010 NY Slip Op 62263(U) |
| Decided on February 1, 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
M98033
S/sl
A. GAIL PRUDENTI, P.J.
MARK C. DILLON
RANDALL T. ENG
SHERI S. ROMAN, JJ.
|
2009-05575 James P. McGee, appellant, v James Dunn, respondent. (Index No. 2198/08)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated November 5, 2008, on the ground that the appeal was untimely taken (see CPLR 5513), or on the ground that the record on appeal is incomplete, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is referred to the Supreme Court, Dutchess County, to hear and report on the issue of if and when the order with notice of entry was served by the respondent on the appellant, and the motion is held in abeyance in the interim.
PRUDENTI, P.J., DILLON, ENG and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court