| Rocha v Figueiredo |
| Motion No: 2006-09535 |
| Slip Opinion No: 2007 NYSlipOp 73070(U) |
| Decided on July 5, 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
M56645
S/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
STEVEN W. FISHER
DANIEL D. ANGIOLILLO, JJ.
|
2006-09535
Freddy Rocha, respondent, v Antonio Figueiredo, et al., appellants. (Index No. 06-11638)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered August 29, 2006.
Upon the papers submitted in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the issues which the defendants seek to raise on this appeal can be raised in their respondent's brief on the appeal taken by the plaintiff from an order of the same court dated March 5, 2007, pending under Appellate Division Docket No. 2007-04036 (see Parochial Bus Systems v Board of Educ., 60 NY2d 539); and it is further,
ORDERED that the application is denied as academic.
MILLER, J.P., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court