Nathanson v BB&BB Management Corporation
Motion No: 2010-00942
Slip Opinion No: 2010 NY Slip Op 66164(U)
Decided on March 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M100204

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2010-00942

Arthur Nathanson, et al., appellants,

v BB & BB Management Corporation,

et al., respondents.

(Index No. 05-5554)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Orange County, dated October 23, 2009, as untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the matter is remitted to the Supreme Court, Orange County, to hear and report on when the respondents served the order dated October 23, 2009, with notice of entry on the appellants, and the respondents' motion is held in abeyance in the interim. The Supreme Court, Orange County, shall file its report with all convenient speed.

FISHER, J.P., DILLON, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court