Frazier v Manhattan and Bronx Surface Transit Operating
Motion No: 2009-07277
Slip Opinion No: 2009 NY Slip Op 88772(U)
Decided on November 17, 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

M94576

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-07277

Craig Frazier, etc., et al., respondents,

v Manhattan and Bronx Surface Transit

Operating Authority, defendant, New York

City Transit Authority, appellant.

(Index No. 33909/99)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 27, 2009, as untimely taken.

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

ORDERED that the motion is denied.

MASTRO, J.P., BALKIN, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court