| Walker v Johnson |
| Motion No: 2009-09318 |
| Slip Opinion No: 2010 NY Slip Op 67519(U) |
| Decided on April 5, 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
M100801
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2009-09318 Malvia Walker, plaintiff-respondent, v Cardinal Bablola Johnson, et al., defendants-respondents; Mabadeje G. Demu, intervenor-appellant. (Index No. 3385/06)
| DECISION & ORDER ON APPLICATION |
Application by the appellant 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 September 1, 2009.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by the order on appeal (see Pennsylvania General Ins. Co., v Austin Powder Co., 68 NY2d 465, 472-473); and it is further,
ORDERED that the application is denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court