| Benedict v Decker |
| Motion No: 2009-09400 |
| Slip Opinion No: 2010 NY Slip Op 64768(U) |
| Decided on March 4, 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
M98761
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2009-09400 George W. Benedict, respondent, v Richard Decker, appellant. (Index No. 27495-00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the County Court, Suffolk County, dated August 3, 2009, "upon the ground that [the appellant] has not taken his appeal within the time limited by [CPLR] 5513."
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal and the motion are transferred to the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, for determination, as the appeal is from an order of the County Court, Suffolk County (see 22 NYCRR 730.1[d]); and it is further,
ORDERED that all further proceedings in connection with this appeal and the motion shall be conducted pursuant to the rules of the Appellate Term, Ninth and Tenth Judicial Districts.
SKELOS, J.P., FLORIO, HALL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court