| Mount Vernon Board of Water Supply v Thomas |
| Motion No: 2021-01252 |
| Slip Opinion No: 2021 NY Slip Op 67377(U) |
| Decided on June 9, 2021 |
| 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
M277515
MB/
REINALDO E. RIVERA, J.P.
SYLVIA O. HINDS-RADIX
ROBERT J. MILLER
PAUL WOOTEN, JJ.
|
2021-01252 Mount Vernon Board of Water Supply, et al., appellants, v Richard Thomas, et al., respondents. (Index No. 70550/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated December 29, 2020. Motion by the respondents Kuehne Davis Law, P.A., and Benedict P. Kuehne to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, 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.
RIVERA, J.P., HINDS-RADIX, MILLER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court