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