| NYCTL 1999-1 Trust v Stark |
| Motion No: 2012-03180 |
| Slip Opinion No: 2012 NY Slip Op 79451(U) |
| Decided on July 20, 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
M141049
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
MARK C. DILLON
ARIEL E. BELEN, JJ.
|
2012-03180 NYCTL 1999-1 Trust, etc., plaintiff, v Rita Stark, etc., defendant third-party plaintiff- respondent; Herman Facilla, third-party defendant- appellant, et al., third-party defendant. (Index No. 6874/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered December 13, 2011, as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Queens County, to hear and report on the issue of whether the judgment entered December 13, 2011, was served upon the appellant's counsel with notice of entry, and, if so, when service was effected; the Supreme Court, Queens County, shall hold the hearing and file its report on the hearing with all convenient speed; and it is further,
ORDERED that the motion is held in abeyance in the interim.
RIVERA, J.P., SKELOS, DILLON and BELEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court