Peter Williams Enterprises, Inc. v New York State Urban
Motion No: 2010-10608
Slip Opinion No: 2011 NY Slip Op 62051(U)
Decided on January 21, 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

M114317

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-10608

Peter Williams Enterprises, Inc., appellant,

v New York State Urban Development Corp.,

et al., respondents.

(Index No. 11116/10)

DECISION & ORDER ON MOTION

Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 20, 2010, as untimely taken.

Upon the papers filed in support of the motions 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.

FLORIO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court