| Stortini v Pollis |
| Motion No: 2015-03404 |
| Slip Opinion No: 2015 NY Slip Op 84114(U) |
| Decided on September 10, 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. |
Appellate Division: Second Judicial Department
M197860
E/sl
JOHN M. LEVENTHAL, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2015-03404 Frank Stortini, appellant, v John Pollis, et al., respondents. (Index No. 2680/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated January 16, 2015, on the ground that the notice of appeal, which was timely filed, was not timely served.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on or before September 30, 2015, the appellant shall serve the notice of appeal, which was timely filed, upon the respondents' counsel and file proof of service with this Court (see CPLR 5520[a]).
LEVENTHAL, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court