| Colon v 110 Livingston Development, LLC |
| Motion No: 2010-10835 |
| Slip Opinion No: 2011 NY Slip Op 64915(U) |
| Decided on February 23, 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. |
Appellate Division: Second Judicial Department
M115729
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2010-10835 Harry Colon, respondent, v 110 Livingston Developmental, LLC, et al., appellants (and a third-party action). (Index No. 25963/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 14, 2010, on the ground that the appellants' "cross motion is clearly untimely and unappealable." Application by the appellants to adjourn the return date of the motion.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is denied; and it is further,
ORDERED that the motion is denied.
MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court