Miguel Toribio, Hermes Gonzalez & Miriam Gonzalez, & Miguel Gonzalez v Magdalena Skowronska
Motion No: 2009-02525 qc
Slip Opinion No: 2010 NY Slip Op 71638(U)
Decided on April 28, 2010
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

JOSEPH G. GOLIA, J.P.

MICHAEL L. PESCE

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2009-02525 Q C
Miguel Toribio, Hermes Gonzalez and Miriam Gonzalez, plaintiffs, and Miguel Gonzalez, appellant v Magdalena Skowronska , respondent.

Motion by respondent to dismiss the appeal, and motion by appellant Miguel Gonzalez to deem the notice of appeal from an order of the Civil Court of the City of New York, Queens County, entered May 11, 2009, to be from the judgment of the same court entered October 22, 2009.

Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is,

ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,

ORDERED that the motion by respondent to dismiss the appeal is denied; and it is further,

ORDERED that the motion by appellant Miguel Gonzalez to deem the notice of appeal from the order of the Civil Court of the City of New York, Queens County, entered May 11, 2009 to be from the judgment of the same court entered October 22, 2009 is granted (see CPLR 5520 [c]).

ENTER:

Paul Kenny

Chief Clerk