| Mariner Seafood, LLC v Maritime Fish Products, Inc. |
| Motion No: 2013-06017 |
| Slip Opinion No: 2013 NY Slip Op 84386(U) |
| Decided on September 5, 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
M161751
E/nl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2013-06017
Mariner Seafood, LLC, respondent, v Maritime Fish Products, Inc., et al., appellants. (Index No. 2598/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated May 2, 2013, "on the ground that the appeal was not timely filed."
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 notice of appeal from the order dated May 2, 2013, is deemed to be a notice of appeal from a judgment of the same court entered May 6, 2013 (see CPLR 5512[a]).
RIVERA, J.P., ANGIOLILLO, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court