Katz v. Mitchell

Full title: Elan Katz, respondent, v. Elery Mitchell, appellant (and a third-party…

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

Date published: Aug 16, 2011

Motion No: 2011-05399 (N.Y. App. Div. Aug. 16, 2011)

Opinion

Motion No: 2011-05399 Index No. 31773/08M124524

08-16-2011

Elan Katz, respondent, v. Elery Mitchell, appellant (and a third-party action).

MARK C. DILLON

, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

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, entered January 26, 2010, as untimely taken, and upon the ground that the notice of appeal was defective.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order entered January 26, 2010, is deemed to be a notice of appeal from a judgment of the same court entered March 10, 2010 (see CPLR 5512).

DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court