| Whylie v Con Edison, Inc. |
| Motion No: 2009-08082 |
| Slip Opinion No: 2010 NY Slip Op 61740(U) |
| Decided on January 25, 2010 |
| 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
M97742
S/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-08082 Carol Whylie, appellant, v Con Edison, Inc., et al., respondents.
(Docket No. 6315/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated November 7, 2008, on the original papers and to waive the filing fee. Application by the respondent Con Edison, Inc., to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, and upon the application, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that motion is otherwise denied; and it is further,
ORDERED that the application to dismiss the appeal is denied without prejudice to making a motion for that relief.
FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court