| Irvin v McClung |
| Motion No: 2011-00235 |
| Slip Opinion No: 2011 NY Slip Op 66727(U) |
| Decided on March 11, 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
M116906
E/sl
JOSEPH COVELLO, J.P.
RANDALL T. ENG
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2011-00235 Wayne Irvin, etc., et al., respondents, v Paul E. McClung, etc., et al., appellants. (Index No. 39799/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, entered September 8, 2010, as untimely taken, or, in effect, to extend their time to file a notice of cross appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal, which was timely served, is deemed timely filed (see CPLR 5520[a]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is, in effect, to extend the respondents' time to file a notice of cross appeal is granted, the respondents' time to file the notice of cross appeal, which was timely served, is extended until March 23, 2011 (see CPLR 5520[a]), and the respondents shall file proof of filing of the notice of cross appeal with this Court on or before that date.
COVELLO, J.P., ENG, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court