| Fried v City of New York |
| Motion No: 2012-03973 |
| Slip Opinion No: 2012 NY Slip Op 87672(U) |
| Decided on October 18, 2012 |
| 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
M145131
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2012-03973 Shlomit Fried, et al., respondents-appellants, v City of New York, appellant-respondent, et al., defendants. (Index No. 28770/02)
| DECISION & ORDER ON MOTION |
Application by the City of New York 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 February 29, 2012.
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, as the plaintiffs are not aggrieved by the order dated February 29, 2012 (see CPLR 5511); and it is further,
ORDERED that the application is granted; and it is further,
ORDERED that the City of New York's time to perfect the appeal is enlarged until December 11, 2012, and the record or appendix on appeal and the City of New York's brief brief must be served and filed on or before that date.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court