| Brown v New York City Transit Authority |
| Motion No: 2006-08571 |
| Slip Opinion No: 2007 NYSlipOp 70499(U) |
| Decided on May 31, 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. |
Appellate Division: Second Judicial Department
M55216
E/sl
ANITA R. FLORIO, J.P.
STEVEN W. FISHER
MARK C. DILLON
WILLIAM E. McCARTHY, 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, in effect, to recall and vacate so much of a decision and order on motion of this court dated January 17, 2007, as dismissed an appeal from a clerk's extract of the trial minutes of the Supreme Court, Kings County, dated May 6, 1994, on the ground that no appeal lies from a clerk's extract of the trial minutes (see Rockman v Brosnan, 280 AD2d 591), and to reinstate the 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.
FLORIO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court