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Matusik v. Maytan

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 26, 2013
2013 N.Y. Slip Op. 77892 (N.Y. App. Div. 2013)

Opinion

2013-02630 Index No. 10-8020 M158352

06-26-2013

Annette Matusik, appellant, v. Paul Maytan, respondent.


, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered October 17, 2012, as untimely taken. Cross motion by the appellant, in effect, to deem the notice of appeal timely filed pursuant to CPLR 5514(b).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the cross motion is denied as unnecessary as the notice of appeal was timely filed (see Executive Law § 29-a; Executive Order [Cuomo] No. 52 [9 NYCRR 8.52]; Executive Order [Cuomo] No. 81, [9 NYCRR 8.81]); and it is further,

ORDERED that the motion is denied.

DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Matusik v. Maytan

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 26, 2013
2013 N.Y. Slip Op. 77892 (N.Y. App. Div. 2013)
Case details for

Matusik v. Maytan

Case Details

Full title:Annette Matusik, appellant, v. Paul Maytan, respondent.

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

Date published: Jun 26, 2013

Citations

2013 N.Y. Slip Op. 77892 (N.Y. App. Div. 2013)