| Leone v City of Yonkers |
| Motion No: 2009-10715 |
| Slip Opinion No: 2010 NY Slip Op 73453(U) |
| Decided on June 4, 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
M103734
E/sl
STEVEN W. FISHER, J.P.
FRED T. SANTUCCI
HOWARD MILLER
PLUMMER E. LOTT, JJ.
|
2009-10715 Roseanne Leone, respondent, v City of Yonkers, appellant. (Index No. 09-302)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent, inter alia, in effect, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated October 9, 2009, on the ground that the appellant is not aggrieved by a portion of the order, and the appeal from the remainder of the order is academic.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Victor v Metropolitan Transportation Authority, _______AD3d _______ [May 11, 2010]); and it is further,
ORDERED that the motion is otherwise denied as academic.
FISHER, J.P., SANTUCCI, MILLER and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court