| Kappa Development Corp. v Queens College Point Holdin |
| Motion No: 2010-11348 |
| Slip Opinion No: 2011 NY Slip Op 88532(U) |
| Decided on November 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
M128065
E/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
RANDALL T. ENG
JEFFREY A. COHEN, JJ.
|
2010-11348 Kappa Development Corp., appellant, v Queens College Point Holdings, LLC, respondent, et al., defendants. (Index No. 3742/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, entered October 1, 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 (see CPLR 5520[a]); and it is further,
ORDERED that the motion is denied.
DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court