| Fitzgerald v Monroe Beach Inc. |
| Motion No: 2023-10520 |
| Slip Opinion No: 2024 NY Slip Op 64824(U) |
| Decided on March 27, 2024 |
| 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
M295237
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2023-10520 Tara Fitzgerald, appellant-respondent, v Monroe Beach Inc., et al., defendants third-party plaintiffs respondents-appellants; Lined Up Construction, third-party defendant- respondent. (Index No. 610515/2021)
| DECISION & ORDER ON MOTION |
Appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated September 26, 2023. Motion by the respondents-appellants to dismiss the appeal on the ground that the appeal was untimely taken. Cross-motion by the appellant-respondent, in effect, to deem the notice of appeal, which was timely served, to be timely filed.
Upon the papers filed in support of the motion and cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the cross-motion is granted and the notice of appeal, which was timely served, is deemed timely filed (see CPLR 5520[a]).
DUFFY, J.P., CHRISTOPHER, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court