Appellate Division: Second Judicial Department

M132681

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2011-11768 Nova Casualty Company, appellant, v Lucy Allotey, etc., et al., defendants, NXK Corp., doing business as Ambu-Trans Ambulette, defendant third-party plaintiff- respondent; Winfield Group, Inc., defendant third-party defendant-respondent. (Index No. 09-6219)

DECISION & ORDER ON MOTION

Motion by the defendants Lucy Allotey, Alexander Mingle, and Moses Mingle to dismiss an appeal from an order of the Supreme Court, Westchester County, entered October 11, 2011, insofar as taken against them as untimely taken, and to impose a sanction upon the appellant. Separate motion by the defendant third-party plaintiff-respondent for the same relief. Separate motion by the defendant third-party defendant-respondent to dismiss the appeal insofar as taken against it as untimely taken.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the defendants Lucy Allotey, Alexander Mingle, and Moses Mingle to dismiss the appeal insofar as taken against them is denied as unnecessary, as they are not respondents on the appeal, and their motion is otherwise denied; and it is further,

ORDERED that the motions by the defendant third-party plaintiff-respondent and the defendant third-party defendant-respondent are denied (see Maddox v New York, 104 AD2d 430).

DILLON, J.P., FLORIO, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court