| Santo v City of New York |
| Motion No: 2005-03601 |
| Slip Opinion No: 2006 NYSlipOp 67217(U) |
| Decided on April 20, 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
M38246
C/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-03601 Michael Santo, appellant, v City of New York, defendant, New York City Transit Authority, respondent. (Index No. 26397/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated February 10, 2005, to dismiss the appeal from so much of the order as, in effect, denied the branch of the appellant's motion which was to strike the respondent's answer.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the appeal (see Santo v City of New York, AD3d [2d Dept., Apr. 18, 2006]).
CRANE, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court