Opinion
2013-04039 Index No. 23026/07 M158489
06-27-2013
Dennis Warren, appellant, v. Tatyana Stepanova, et al., respondents.
, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 5, 2013, on the ground that the notice of appeal was not timely served.
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 motion is denied.
RIVERA, J.P., BALKIN, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court