| O'Connor v New York City Housing Authority |
| Motion No: 2011-00312 |
| Slip Opinion No: 2011 NY Slip Op 76282(U) |
| Decided on June 22, 2011 |
| 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
M121880
E/ct
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2011-00312 Ethel O'Connor, et al., appellants-respondents, v New York City Housing Authority, respondent- appellant. (Index No. 21805/98)
| DECISION & ORDER ON MOTION |
Application by Ethel O'Connor and William O'Connor on an appeal and cross appeal from an order of the Supreme Court, Queens County, entered November 15, 2010, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the cross appeal is dismissed, without costs or disbursements, on the ground that the New York City Housing Authority is not aggrieved by the order cross-appealed from (see CPLR 5511; Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539); and it is further,
ORDERED that the application is granted and the time to perfect the appeal is enlarged until August 2, 2011, and the record or appendix on the appeal and the brief of Ethel O'Connor and William O'Connor must be served and filed on or before that date.
RIVERA, J.P., FLORIO, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court