JAMES MICHAEL WALKER, ap, v. SAINT VINCENT CATHOLIC MEDICAL CENTERS, def, NOEL E. BLACKMAN, res — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered March 19, 2010, as untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

MASTRO, J.P., LOTT, AUSTIN and SGROI, JJ., concur.