VELOCITY INVESTMENTS, LLC V EVE MARIE COCINA
Motion No: CA 09-02514
Slip Opinion No: 2010 NY Slip Op 69836(U)
Decided on April 20, 2010
Appellate Division, Fourth 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.


April 20, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 09-02514

VELOCITY INVESTMENTS, LLC, PLAINTIFF-RESPONDENT,

V

EVE MARIE COCINA, DEFENDANT-APPELLANT.


Appellant having moved for an order deeming the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 2, 2009, to have been taken from a judgment entered in the Office of the Clerk of the County of Erie on December 7, 2009,

Now, upon reading and filing the affirmation of Kenneth R. Hiller, Esq. dated February 18, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is deemed to have been taken from the judgment entered December 7, 2009 (see CPLR 5520[c]; Compopiano v Volcko, [61 AD3d 1343]).

Entered: April 20, 2010

Patricia L. Morgan, Clerk