Seeger v Senise
Motion No: 2014-00243
Slip Opinion No: 2014 NY Slip Op 68163(U)
Decided on April 1, 2014
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

M171836

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2014-00243

Donna Seeger, appellant, v John Senise,

et al., respondents.

(Index No. 23978/11)

DECISION & ORDER ON MOTION

Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 22, 2013, insofar as taken against them as untimely taken.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent Hampton Vistas Condominium is denied (see Maddox v City of New York, 104 AD2d 430); and it is further,

ORDERED that on the Court's own motion, the notice of appeal, which was timely filed, is deemed timely served on the respondent John Senise (see CPLR 5520[a]); and it is further,

ORDERED that the motion by the respondent John Senise is denied.

RIVERA, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court