Salvador v Danken Enterprises, Ltd.
Motion No: 2011-04812
Slip Opinion No: 2011 NY Slip Op 88546(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M128149

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2011-04812

Louie Salvador, respondent,

v Danken Enterprises, Ltd., et al., appellants.

(Index No. 18436/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 22, 2011, for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied as premature as the appellant's time to perfect the appeal does not expire until November 9, 2011.

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court