Lema v. Figueroa

Full title: Maria Lema, appellant, v. Anibal Figueroa, et al., respondents.

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

Date published: Sep 1, 2011

Motion No: 2011-00777 (N.Y. App. Div. Sep. 1, 2011)

Opinion

Motion No: 2011-00777 Index No. 5203/0931736/09 M124787

09-01-2011

Maria Lema, appellant, v. Anibal Figueroa, et al., respondents.

MARK C. DILLON

, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent Edwin A. Cubas to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 3, 2010, 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 filed, is deemed timely served on the respondent Edwin A. Cubas (see CPLR 5520[a]); and it is further,

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

ORDERED that on the Court's own motion, the respondents' time to serve and file their respective briefs is enlarged until September 30, 2011, and the respondents' briefs must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court