| Prince v Cook |
| Motion No: 2013-01679 |
| Slip Opinion No: 2013 NY Slip Op 79329(U) |
| Decided on July 11, 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
M159070
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2013-01679 Stacey Prince, plaintiff, v Virginia G. Cook, etc., et al., defendants; Brett Betheil, nonparty- appellant; Virginia G. Cook, nonparty-respondent. (Index No. 11428/11)
| DECISION & ORDER ON MOTION |
Motion by Stacey Prince to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 6, 2012, on the ground that she was not served with the notice of appeal and that the notice of appeal improperly contains the caption of a related action.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the caption on the notice of appeal is amended by deleting the caption "Betheil v Cook" and index No. "11888/10" and substituting therefor the caption "Prince v Cook" and Index No. "11428/11" (see CPLR 2001).
SKELOS, J.P., DICKERSON, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court