Matter of Rothenberger v NYC Civil Service Commission
Motion No: 2012-10504
Slip Opinion No: 2013 NY Slip Op 76268(U)
Decided on June 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M157641

E/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

SYLVIA HINDS-RADIX, JJ.

2012-10504

In the Matter of Earl F. Rothenberger, appellant,

v NYC Civil Service Commission, et al., respondents.

(Index No. 5590/12)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 5, 2012, and for leave to prosecute the appeal as a poor person. Cross motion by the respondents to dismiss the appeal for failure to timely perfect.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion granted, and the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court.

ANGIOLILLO, J.P., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court