| Thornburg Mortgage Home Loans, Inc. v Rooney |
| Motion No: 2012-00389 |
| Slip Opinion No: 2012 NY Slip Op 71578(U) |
| Decided on April 27, 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. |
Appellate Division: Second Judicial Department
M136875
E/sl
MARK C. DILLON, J.P.
ARIEL E. BELEN
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2012-00389 Thornburg Mortgage Home Loans, Inc., respondent, v Danielle Rooney, et al., appellants. (Index No. 10785/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered November 14, 2011, on the ground that the notice of appeal was not timely served.
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 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 motion is denied.
DILLON, J.P., BELEN, HALL and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court