The Bank of N. Y., Petitioner v Norilsk Nickel

The Bank of N. Y., Petitioner v Norilsk Nickel

Motion No: 729 SSD 48

Slip Opinion No: 2006 NYSlipOp 71431

Decided on July 6, 2006

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

The Bank of New York, Petitioner, v. Norilsk Nickel et al., Respondents, Monter Joint Stock Company, Appellant.

Appeal dismissed without costs, by the Court sua sponte, upon the ground that simultaneous appeals do not lie to the Appellate Division and the Court of Appeals, unless within 20 days appellant, if it be so advised, serves upon all parties and files in this Court a notice that it has abandoned its appeal to the Appellate Division and stipulates for the withdrawal of that appeal (see Parker v Rogerson, 35 NY2d 751, 753-754 [1974]).