Mironer v City of New York
Motion No: 2008-11655
Slip Opinion No: 2009 NY Slip Op 75854(U)
Decided on June 23, 2009
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

M88386

S/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2008-11655

Victoria Mironer, et al., respondents,

v City of New York, et al., appellants.

(Index No. 6213/07)

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, Kings County, dated October 10, 2008.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511); and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., FLORIO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court