AMALGAMATED BANK, ETC., res, v. SSJ DEVELOPMENT OF GERRITSEN BEACH I, LLC def, IRA & LARRY WEINSTEIN, LLC, ap — (APPEAL NO. 3)

— Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 17, 2012, as untimely taken.

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 served, is deemed timely filed (see CPLR 5520[a]); and it is further,

ORDERED that the respondent's motion is denied.

SKELOS, J.P., DICKERSON, LEVENTHAL and CHAMBERS, JJ., concur.