| Jones v Brown |
| Motion No: 2011-07205 |
| Slip Opinion No: 2011 NY Slip Op 90679(U) |
| Decided on November 23, 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
M128909
E/sl
REINALDO E. RIVERA, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2011-07205 Patricia Jones, appellant, v George Brown, et al., respondents. (Index No. 4983/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent Oshmar Planes to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 5, 2011, as untimely taken. Cross motion by the appellant pursuant to CPLR 5520(a) to extend the time to file a notice of appeal, which was timely served.
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 cross motion is granted, and the notice of appeal, which was timely served, is deemed timely filed (see CPLR 5520[a]); and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., BELEN, AUSTIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court