| Gutierrez v State of New York |
| Motion No: 2007-02149 |
| Slip Opinion No: 2007 NYSlipOp 75157(U) |
| Decided on August 8, 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
M58120
E/cb
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
RUTH C. BALKIN, JJ.
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2007-02149 DECISION & ORDER ON APPLICATION Maria Gutierrez, claimant, v State of New York, defendant third-party claimant-respondent; Compass Group USA, Inc., et al., third-party defendants- appellants, et al., third-party defendants. (Claim No. 110205)
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Application by the third-party defendants-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Court of Claims, dated December 19, 2006.
Upon the papers filed 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 that branch of the motion of the defendant third-party claimant-appellant which was for summary judgment against the third-party defendants Compass Group USA, Inc., and Chartwells, and the cross motion for summary judgment of the third-party defendants Compass Group USA, Inc, and Chartwells, remain pending and undecided (see Katz v Katz, 68 AD2d 536, 542-543); and it is further,
ORDERED that the application is denied as academic.
PRUDENTI, P.J., GOLDSTEIN, LIFSON and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court