| Bandler, Michael v Liberty Chevrolet, Inc., et al. |
| Motion No: 570844/09 |
| Slip Opinion No: 2010 NY Slip Op 63358(U) |
| Decided on February 17, 2010 |
| Appellate Term, First 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. |
February 17, 2010
Bandler, Michael v Liberty Chevrolet, Inc., et al.
It is Ordered that the motion to dismiss Liberty's appeal of the February 2, 2009, judgment is denied. The respondent's answering briefs, if any, are to be served and filed by no later than February 22, 2010. The reply briefs are to be served and filed by February 26, 2010. The cross-motion to dismiss the plaintiff's appeal of the September 15, 2009 order as untimely is granted. The plaintiff's failure to timely serve and file a notice of appeal within thirty-five days' after service of a copy of the order, with notice of its entry, mandates its dismissal. (CPLR § 5513[a] and 2103[b][2])
By: McKeon, P.J., Shulman, Heitler, Jr., J.J.
Motion No. 570844/09