| Katz v Mitchell |
| Motion No: 2011-05399 |
| Slip Opinion No: 2011 NY Slip Op 81072(U) |
| Decided on August 16, 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
M124524
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2011-05399 Elan Katz, respondent, v Elery Mitchell, appellant (and a third-party action). (Index No. 31773/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, entered January 26, 2010, as untimely taken, and upon the ground that the notice of appeal was defective.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the notice of appeal from the order entered January 26, 2010, is deemed to be a notice of appeal from a judgment of the same court entered March 10, 2010 (see CPLR 5512).
DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court