| Greene v Bridge Property Owners, LLC |
| Motion No: 2016-02029 |
| Slip Opinion No: 2017 NY Slip Op 60093(U) |
| Decided on January 4, 2017 |
| 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
M223668
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-02029 Earlene Greene, et al., respondents, v Bridge Property Owners, LLC, et al., appellants, et al., defendant. (Index No. 8376/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 30, 2015, as untimely taken or on the ground that the order does not affect a substantial right. Cross motion by the appellants, inter alia, in effect, 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 to the extent that the notice of appeal, which was timely served, is deemed timely filed and the cross motion is otherwise denied as academic; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal as untimely taken is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the order does not affect a substantial right is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
RIVERA, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court