| City of New York v St. Paul Fire and Marine Insurance Co |
| Motion No: 2005-09857 |
| Slip Opinion No: 2006 NYSlipOp 72548(U) |
| Decided on July 24, 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
M42484
Y/nl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-09857 City of New York, respondent, v St. Paul Fire and Marine Insurance Company, et al., appellants. (Index No. 40590/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant United States Fidelity and Guaranty Company, to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 9, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal by the defendant St. Paul Fire and Marine Insurance Company is dismissed, without costs or disbursements, as that defendant is not aggrieved by the order appealed from (see CPLR 5511); and it is further,
ORDERED that the motion is granted; and it is further,
ORDERED that the time of the appellant United States Fidelity and Guaranty Company to perfect the appeal is enlarged until September 25, 2006, and the record or appendix on the appeal and the movant's brief must be served and filed on or before that date.
KRAUSMAN, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court