| Fitzpatrick v City of New York |
| Motion No: 2010-06493 |
| Slip Opinion No: 2010 NY Slip Op 85800(U) |
| Decided on October 21, 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
M109869
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2010-06493 Edward Fitzpatrick, appellant, v City of New York, et al., defendants-respondents, Silverite Construction Company, Inc., defendant third-party plaintiff-respondent; Dovin Construction Company, third-party defendant-respondent. (Index No. 21220/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Separate motions by Dovin Construction Company and by City of New York and Silverite Construction Company, Inc., to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 28, 2010, pursuant to CPLR 1015 and 1021.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Hyman v Booth Memorial Hosp., 306 AD2d 438).
DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court