| Lema v Figueroa |
| Motion No: 2011-00777 |
| Slip Opinion No: 2011 NY Slip Op 82513(U) |
| Decided on September 1, 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
M124787
E/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2011-00777 Maria Lema, appellant, v Anibal Figueroa, et al., respondents. (Action No. 1) Maria Lema, appellant, v Edwin A. Cubas, respondent, et al., defendants. (Action No. 2) (Index Nos. 5203/09, 31736/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent Edwin A. Cubas to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 3, 2010, as untimely taken.
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 filed, is deemed timely served on the respondent Edwin A. Cubas (see CPLR 5520[a]); and it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the respondents' time to serve and file their respective briefs is enlarged until September 30, 2011, and the respondents' briefs must be served and filed on or before that date.
DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court