| House of Spices (India), Inc. v SMJ Services, Inc. |
| Motion No: |
| Slip Opinion No: 2011 NY Slip Op 82792(U) |
| Decided on September 7, 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
M125389
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-03946
House of Spices (India), Inc., respondent, v SMJ Services, Inc., et al., appellants, et al., defendants. (Index No. 700178/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from an order of the Supreme Court, Queens County, entered March 9, 2011, to dismiss the appeal by SMJ Services, Inc., as untimely taken. Cross motion by the appellant SMJ Services, Inc., to deem its notice of appeal to be timely filed, if necessary.
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 is denied; and it is further,
ORDERED that the cross motion is denied as academic.
DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court