| Matter of Grossbarth v Dankner, Milstein and Ruffo, P.C. |
| Motion No: 2015-05315 |
| Slip Opinion No: 2015 NY Slip Op 87130(U) |
| Decided on October 9, 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
M199858
E/sl
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2015-05315 In the Matter of Joel Grossbarth, etc., respondent, v Dankner, Milstein and Ruffo, P.C., appellant. (Index No. 31526/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, dated April 30, 2015, as untimely taken. Cross motion by the appellant pursuant to CPLR 5520(a) to deem the notice of appeal, which was timely served, to be timely 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 cross motion is granted and the notice of appeal, which was timely served, is deemed timely filed (see CPLR 5520[a]); and it is further,
ORDERED that the motion is denied.
LEVENTHAL, J.P., AUSTIN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court