Opinion
Motion No. 2022-10109 Index No. 520811/2021
05-01-2024
Marvens Camille, appellant, v. Federation of Protestant Welfare Agencies, Inc., respondent, et al., defendants.
Unpublished Opinion
MOTION DECISION
M296153
VALERIE BRATHWAITE NELSON, J.P., ROBERT J. MILLER, HELEN VOUTSINAS, JANICE A. TAYLOR, JJ.
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.