| Kropiewnicki v City of New York |
| Motion No: 2005-02162 |
| Slip Opinion No: 2006 NYSlipOp 65090(U) |
| Decided on March 15, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M37226
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
THOMAS A. ADAMS
PETER B. SKELOS, JJ.
|
2005-02162 Zygmunt Kropiewnicki, etc., appellant-respondent, v City of New York, et al., respondents-appellants.
(Index No. 15565/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants on an appeal from an order of the Supreme Court, Kings County, dated January 12, 2005, to remove the appeal from the calendar of March 16, 2006, and to enlarge the time to serve and file their answering brief, including points of argument on the cross appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the cross appeal is dismissed, without costs or disbursements, for failure to timely serve and file an answering brief in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
FLORIO, J.P., MILLER, ADAMS and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court