| Chestnut Realty Corp. v Kaminski |
| Motion No: 2014-03373 |
| Slip Opinion No: 2014 NY Slip Op 76253(U) |
| Decided on June 25, 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. |
Appellate Division: Second Judicial Department
M175675
E/ct
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2014-03373 Chestnut Realty Corp., respondent, v Malvin Kaminski, et al., appellants. (Index No. 9863/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a "transcript of judgment" of the Supreme Court, Nassau County, entered January 23, 2014, as untimely taken. Cross motion by the appellants, in effect, to deem the notice of appeal from the "transcript of judgment" to be a notice of appeal from a judgment of the same court also entered January 23, 2014.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted (see CPLR 5512).
BALKIN, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court