Opinion
2012-11016 Index No. 22727/09 M153357
03-21-2013
TD Bank, N.A., respondent, v. Steinberg's Bake Shop, Ltd., defendant, Morris Kaff, appellant.
, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 31, 2012, as untimely taken, or on the ground that no appeal lies from an order denying reargument.
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 (see CPLR 5520[a]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal as untimely taken is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order denying reargument is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court