| Camille v Federation of Protestant Welfare Agencies, Inc. |
| Motion No: 2022-10109 |
| Slip Opinion No: 2024 NY Slip Op 67029(U) |
| Decided on May 1, 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
M296153
AFA/
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
HELEN VOUTSINAS
JANICE A. TAYLOR, JJ.
|
2022-10109 Marvens Camille, appellant, v Federation of Protestant Welfare Agencies, Inc., respondent, et al., defendants. (Index No. 520811/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated October 27, 2022. Motion by the respondent to dismiss the appeal on the ground that the appeal was untimely taken. Cross-motion by the appellant to deem the notice of appeal, which was timely filed, to be timely served, and to deem the notice of appeal timely filed under Supreme Court Index No. 520811/2021.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition 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 filed, is deemed to be timely filed under Supreme Court Index No. 520811/2021 and timely served (see CPLR 5520[a]).
BRATHWAITE NELSON, J.P., MILLER, VOUTSINAS and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court