| Novak v Restaurant Depot, LLC |
| Motion No: 2016-13369 |
| Slip Opinion No: 2017 NY Slip Op 77331(U) |
| Decided on June 16, 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
M232745
E/afa
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2016-13369 Patricia Novak, respondent, v Restaurant Depot, LLC, appellant, et al., defendants. (Index No. 3329/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated October 28, 2016, on the ground that the appellant failed to timely settle the trial transcript in accordance with CPLR 5525. Cross motion by the appellant, inter alia, to extend the time to serve the trial transcript with notice of settlement.
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 transcript received by the respondent's counsel on March 20, 2017, is deemed timely served pursuant to CPLR 5525, and the cross motion is otherwise denied; and it is further,
ORDERED that the motion is denied.
MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court