| Greenberg v Privilege Underwriters Reciprocal Exchange |
| Motion No: 2016-01658 |
| Slip Opinion No: 2016 NY Slip Op 73047(U) |
| Decided on May 10, 2016 |
| 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
M210824
E/sl
L. PRISCILLA HALL, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
|
2016-01658 Harold Greenberg, et al., respondents, v Privilege Underwriters Reciprocal Exchange, appellant. (Index No. 2109/13)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an amended judgment of the Supreme Court, Kings County, entered January 7, 2016, as untimely taken. Separate motion by the appellant to declare that the notice of appeal was timely filed on February 5, 2016, and to compel the respondents to accept service of the notice of appeal or, in the alternative, to deem the notice of appeal timely filed on February 5, 2016, nunc pro tunc, and, in effect, to extend the time to serve the notice of appeal and to compel the respondents to accept service of the notice of appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is granted, the notice of appeal is deemed timely filed as of February 5, 2016 (see CPLR 2102; 5513[a]; 22 NYCRR 670.3[a]), and the notice of appeal, which was timely filed, is deemed timely served (see 5520[a]); and it is further,
ORDERED that the respondents' motion is denied.
HALL, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court