Warren v Stepanova
Motion No: 2013-04039
Slip Opinion No: 2013 NY Slip Op 78148(U)
Decided on June 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M158489

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2013-04039

Dennis Warren, appellant,

v Tatyana Stepanova, et al., respondents.

(Index Nos. 23026/07)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 5, 2013, on the ground that the notice of appeal was not timely served.

Upon the papers filed in support of the motion and the papers filed in opposition 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.

RIVERA, J.P., BALKIN, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court