Pina v Pivovonsky
Motion No: 2010-09238
Slip Opinion No: 2011 NY Slip Op 60766(U)
Decided on January 10, 2011
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

M113548

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2010-09238

Jorge Pina, appellant,

v Anatole Pivovonsky, etc., et al., defendants,

Caliber Z. Construction Co., Inc., et al., respondents

(and a third-party action).

(Index No. 19659/05)

DECISION & ORDER ON MOTION

Motion by the respondent Lange Plumbing & Heating Corp. to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated July 9, 2010, as untimely taken.

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

ORDERED that the motion is denied (see Maddox v City of New York, 104 AD2d 430).

RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court