| NYCTL 2009-A Trust v Kimball Group, LLC |
| Motion No: 2015-04666 |
| Slip Opinion No: 2017 NY Slip Op 87081(U) |
| Decided on September 26, 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
M238432
E/ct
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2015-04666 NYCTL 2009-A Trust, et al., appellants, v Kimball Group, LLC, defendant-respondent, et al., defendants; 2232 Kimball Holdings, LLC, nonparty-respondent. (Index No. 8870/10)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated February 17, 2015, to deem the notice of appeal to be timely served upon the nonparty-respondent in accordance with a decision and order on motion of this Court dated May 26, 2017. Cross motion by the nonparty-respondent to dismiss the appeal based upon the appellants' failure to comply with the decision and order on motion of this Court dated May 26, 2017.
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 motion is granted; and it is further,
ORDERED that the cross motion is denied.
BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court