| William C. Kessler v Time Warner Cable et |
| Motion No: #511412 |
| Slip Opinion No: 2011 NY Slip Op 68708(U) |
| Decided on March 31, 2011 |
| Appellate Division, Third 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. |
Decided and Entered: March 31, 2011
Case
#511412
WILLIAM C. KESSLER, Appellant, v
Respondents. |
DECISION AND ORDER ON MOTION |
Motion to dismiss appeal as untimely.
Cross motion to deem notice of appeal to have been timely
filed.
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 to dismiss the appeal is granted, without costs, and it is further
ORDERED that the cross motion
to deem notice of appeal timely is denied, without costs.
MERCURE, J.P., LAHTINEN, MALONE JR., KAVANAGH and GARRY, JJ.,
concur.
ENTER:
Robert D. Mayberger
Clerk of the Court