| Lapidus v 1050 Tenants Corp. |
| Motion No: 2011-02641 |
| Slip Opinion No: 2011 NY Slip Op 88534(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
M128144
E/ct
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
JEFFREY A. COHEN, JJ.
|
2011-02641 Steven Lapidus, et al., appellants, v 1050 Tenants Corp., respondent. (Index No. 11821/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 13, 2010, as untimely taken. Cross motion by the appellants pursuant to CPLR 5520(a ) to deem a notice of appeal which was timely served to be timely filed.
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 granted, and the notice of appeal, which was timely served, is deemed timely filed.
FLORIO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court