Amalgamated Bank v. SSJ Dev. of Mill Basin I, LLC

Full title: Amalgamated Bank, etc., respondent, v. SSJ Development of Mill Basin I…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jan 11, 2013

2013 N.Y. Slip Op. 61233 (N.Y. App. Div. 2013)

Opinion

2012-05834 Index No. 18531/10 18532/10 18533/10 M149425

01-11-2013

Amalgamated Bank, etc., respondent, v. SSJ Development of Mill Basin I, LLC, et al., defendants, Ira & Larry Weinstein, LLC, appellant. (Action No. 1) Amalgamated Bank, etc., respondent, v. SSJ Development of Sheepshead Bay I, LLC, et al., defendants, Ira & Larry Weinstein, LLC, appellant. (Action No. 2) Amalgamated Bank, etc., respondent, v. SSJ Development of Gerritsen Beach I, LLC, et al., defendants, Ira & Larry Weinstein, LLC, appellant. (Action No. 3)

PETER B. SKELOS

, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 17, 2012, as untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition 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 respondent's motion is denied.

SKELOS, J.P., DICKERSON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court