| 15-21 Crooke, LLC v Ricardo Agosto |
| Motion No: 2015-00881 KC |
| Slip Opinion No: 2015 NY Slip Op 77975(U) |
| Decided on June 30, 2015 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| 15-21 Crooke, LLC, Appellant, v Ricardo Agosto, Respondent, et al., Undertenant. |
Motion by respondent to dismiss as untimely an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 18, 2014. Cross motion by appellant, pursuant to CPLR 5520 (a), to deem the timely served notice of appeal from the order to be timely filed.
Upon the papers filed in support of the motion and 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 and the notice of appeal is deemed timely filed (see CPLR 5520 [a]).
ENTER:
Paul Kenny
Chief Clerk