Ruby Maxwell v A & Z Realty, A Partnership & Brooklyn Queens El. Corp.
Motion No: 2011-01828 kc
Slip Opinion No: 2011 NY Slip Op 85757(U)
Decided on September 30, 2011
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JAIME A. RIOS

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2011-1828 K C
Ruby Maxwell, Appellant, v A & Z Realty, a Partnership and Brooklyn Queens Elevator Corp., Respondents.

Motion by respondents to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered October 23, 2009, for lack of prosecution. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondents' motion.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the motions by respondents and appellant are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that respondents' motion is granted and the appeal is dismissed.

ENTER:

Paul Kenny

Chief Clerk