Lee v Hlampeas
Motion No: 2011-09556
Slip Opinion No: 2012 NY Slip Op 60504(U)
Decided on January 9, 2012
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

M130966

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-09556

Kyu Soon Lee, appellant,

v Theodora H. Hlampeas, et al., respondents.

(Index No. 24253/09)

DECISION & ORDER ON MOTION

Separate motions by the respondent Theodora H. Hlampeas and the respondents Nam Hee Kim and Kyu Jin Lee to dismiss an appeal from an order of the Supreme Court, Queens County, entered September 2, 2011, as untimely served.

Upon the papers filed in support of the motions 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 (see CPLR 5520[a]); and it is further,

ORDERED that the motions are denied.

SKELOS, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court