| Matusik v Maytan |
| Motion No: 2013-02630 |
| Slip Opinion No: 2013 NY Slip Op 77892(U) |
| Decided on June 26, 2013 |
| 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
M158352
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2013-02630 Annette Matusik, appellant, v Paul Maytan, respondent. (Index No. 10-8020)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered October 17, 2012, as untimely taken. Cross motion by the appellant, in effect, to deem the notice of appeal timely filed pursuant to CPLR 5514(b).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the cross motion is denied as unnecessary as the notice of appeal was timely filed (see Executive Law § 29-a; Executive Order [Cuomo] No. 52 [9 NYCRR 8.52]; Executive Order [Cuomo] No. 81, [9 NYCRR 8.81]); and it is further,
ORDERED that the motion is denied.
DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court