Opinion
Motion No. 2023-10520 Index No. 610515/2021
04-08-2024
Tara Fitzgerald, appellant-respondent, v. Monroe Beach Inc., et al., defendants third-party plaintiffs respondents-appellants; Lined Up Construction, third-party defendant- respondent.
Unpublished Opinion
MOTION DECISION
M295560
COLLEEN D. DUFFY, J.P., LINDA CHRISTOPHER, LILLIAN WAN, LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated March 27, 2024, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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 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 served, is deemed timely filed (see CPLR 5520[a]).
DUFFY, J.P., CHRISTOPHER, WAN and LOVE, JJ., concur.