| Payne v City of New Rochelle |
| Motion No: 2012-05399 |
| Slip Opinion No: 2013 NY Slip Op 65630(U) |
| Decided on February 26, 2013 |
| 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
M151910
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2012-05399 Ronald Payne, appellant, v City of New Rochelle, et al., respondents. (Index No. 04-17536)
| DECISION & ORDER ON MOTION |
Motion by the respondent City of New Rochelle to dismiss an appeal from a clerk's extract of the minutes of a jury verdict of the Supreme Court, Westchester County, dated April 26, 2012, on the ground that no appeal lies from a clerk's extract of the minutes of a jury verdict.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied in light of the decision and order on motion of this Court dated August 3, 2012, which deemed the notice of appeal from the clerk's extract to be a premature notice of appeal from a judgment of the same court dated July 16, 2012.
SKELOS, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court