Timarco v Data Treasury Corporation
Motion No: 2014-03133
Slip Opinion No: 2014 NY Slip Op 69727(U)
Decided on April 17, 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

M172727

E/sl

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2014-03133

Michael C. Trimarco, appellant,

v Data Treasury Corporation, respondent.

(Index No. 30324/03)

DECISION & ORDER ON MOTION

Motion by Michael C. Trimarco for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated March 7, 2014, and, inter alia, in effect, for summary reversal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary (see CPLR 5701); and it is further,

ORDERED that on the Court's own motion, the moving papers are deemed to constitute a timely notice of appeal (see CPLR 5520[b]); and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court