| Strunk v Revenge Cab Corp. |
| Motion No: 2011-00494 |
| Slip Opinion No: 2011 NY Slip Op 83205(U) |
| Decided on September 12, 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
M125524
S/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2011-00494 Kerry Strunk, appellant, v Revenge Cab Corp., et al., respondents. (Index No. 22957/07)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 28, 2010, on the ground that the notice of appeal was not timely served.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto; it is
ORDERED that on the Court's own motion, the notice of appeal which was timely filed is deemed timely served (see CPLR 5520[a]); and it is further,
ORDERED that the motion is denied.
DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court