Estate of Henry L. Royston v Smith
Motion No: 2011-04657
Slip Opinion No: 2011 NY Slip Op 76023(U)
Decided on June 17, 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

M121776

E/nl

WILLIAM F. MASTRO, J.P.

ARIEL E. BELEN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-04657

Estate of Henry L. Royston, respondent,

v Marcia A. Smith, et al., appellants, et al.,

defendant.

(Index No. 19872/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 4, 2011, 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.

MASTRO, J.P., BELEN, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court