| 270 North Broadway Tenants Corp. v Round Oaks Properti |
| Motion No: 2012-07173 |
| Slip Opinion No: 2012 NY Slip Op 93071(U) |
| Decided on December 7, 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
M147505
E/sl
RANDALL T. ENG, P.J.
DANIEL D. ANGIOLILLO
SANDRA L. SGROI
SYLVIA HINDS-RADIX, JJ.
|
2012-07173, 2012-09316 270 North Broadway Tenants Corp., respondent, v Round Oaks Properties, LLC, et al., appellants. (Index No. 19272/08)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss appeals from an order of the Supreme Court, Kings County, entered June 1, 2012, and a judgment of the same court dated July 16, 2012, as untimely taken. Cross motion by the appellant, inter alia, pursuant to CPLR 5520(a) to extend the time to serve a notice of appeal, which was timely filed.
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 cross motion is granted to the extent that the notice of appeal, which was timely filed, is deemed timely served (see CPLR 5520[a]), and the cross motion is otherwise denied; and it is further,
ORDERED that the motion is denied.
ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court