Opinion
2011-03946 Index No. 700178/10 M125389
09-07-2011
House of Spices (India), Inc., respondent, v. SMJ Services, Inc., et al., appellants, et al., defendants.
, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent on appeals from an order of the Supreme Court, Queens County, entered March 9, 2011, to dismiss the appeal by SMJ Services, Inc., as untimely taken. Cross motion by the appellant SMJ Services, Inc., to deem its notice of appeal to be timely filed, if necessary.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is denied as academic.
DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court