Brown v New York City Transit Authority
Motion No: 2006-08571
Slip Opinion No: 2007 NYSlipOp 61199(U)
Decided on January 17, 2007
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M49475

E/sl

WILLIAM F. MASTRO, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-08571

Edward Brown, appellant, v New York

City Transit Authority, respondent.

(Index No. 26144/90)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a clerk's extract of the trial minutes of the Supreme Court, Kings County, dated May 6, 1994, as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a clerk's extract of the trial minutes (see Rockman v Brosnan, 280 AD2d 591); and it is further,

ORDERED that the motion is denied as academic.

MASTRO, J.P., GOLDSTEIN, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court