| Barbera v Summit School |
| Motion No: 2008-02859 |
| Slip Opinion No: 2008 NYSlipOp 71932(U) |
| Decided on May 14, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M70437
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2008-02859 Garrett Barbera, etc., et al., appellants, v Summit School, respondent. (Index No. 7749/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated November 13, 2007, on the ground that it was untimely taken, or, in the alternative, on the ground that the notice of appeal was defective.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal as untimely taken is denied on the ground that the notice of entry was defective and the entry date of the order was incomplete; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the notice of appeal was defective is denied (see CPLR 2001).
RIVERA, J.P., SPOLZINO, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court