| Davidov v Searles |
| Motion No: 2010-08283 |
| Slip Opinion No: 2010 NY Slip Op 89940(U) |
| Decided on December 7, 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
M112124
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2010-08283 Scott J. Davidov, respondent, v Raymond A. Searles, et al., appellants, et al., defendant. (Index No. 19028/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered May 11, 2010, on the ground that the appeal was untimely taken. Cross motion by the appellants pursuant to CPLR 5520(a) to deem service of the notice of appeal timely.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is denied as unnecessary.
DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court