Reinhart v Kieltyka
Motion No: 2014-11994
Slip Opinion No: 2015 NY Slip Op 67572(U)
Decided on March 19, 2015
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

M189295

T/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2014-11994

James Reinhart, respondent,

v Nicholas Kieltyka, appellant.

(Index No. 63469/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 7, 2014, as untimely taken. Cross motion by the appellant, in effect, to confirm that the notice of appeal was timely served and filed.

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 denied as academic.

BALKIN, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court