Eric Sean Alston Jr. v Devine Brothers Company

Motion No: M-2419

Slip Opinion No: 2020 NYSlipOp 71317(U)

Decided on September 10, 2020

Appellate Division, First 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.

September 10, 2020

Eric Sean Alston, Jr.,

Plaintiff-Appellant-Respondent,

v

Devine Brothers Company,

Defendant-Respondent-Appellant.

An appeal and cross appeal having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about February 25, 2020, And plaintiff-appellant-respondent having moved for an order striking defendant-respondent-appellant's cross appeal as untimely,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: September 10, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice,Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-2419

Index No. 26445/19E