| Stolarski v DeSimone |
| Motion No: 2010-01330 |
| Slip Opinion No: 2010 NY Slip Op 68116(U) |
| Decided on April 12, 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
M101181
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2010-01330 Arlene Stolarski, etc., et al., respondents, v Donald DeSimone, defendant, Family Services of Westchester, appellant (and a third-party action). (Index No. 06-3082)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered January 4, 2010, as untimely taken.
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 notice of appeal, which was timely filed, is deemed timely served (see CPLR 5520[a]); and it is further,
ORDERED that the motion is denied.
SKELOS, J.P., BALKIN, ROMAN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court