| Timothy L. Fitzpatrick - v Animal Care Hospital Pllc et -. |
| Motion No: #513447 |
| Slip Opinion No: 2011 NY Slip Op 93648(U) |
| Decided on December 20, 2011 |
| Appellate Division, Third 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. |
Decided and
Entered: December 20, 2011
Case #513447
TIMOTHY L. FITZPATRICK, Respondent-
Appellant, v
Appellants-Respondents. |
DECISION AND ORDER ON MOTION |
Motion to dismiss appeal as untimely taken.
Cross motion for order declaring notice of appeal to be timely
filed or, in the alternative, for extension of time to cure omission.
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 to dismiss the appeal is denied, without costs, and it is
further
ORDERED that the cross motion is granted, without costs, and the appeal is deemed timely taken.
MERCURE, Acting P.J.,
PETERS, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court