Fuller v Consolidated Edison Company of New York, Inc.

Fuller v Consolidated Edison Company of New York, Inc.

Motion No: 2012-01754

Slip Opinion No: 2013 NY Slip Op 77352(U)

Decided on June 20, 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

M158259

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-01754
Darryl T. Fuller, respondent-appellant,
v Consolidated Edison Company of New
York, Inc., et al., respondents, Keyspan
Energy Delivery of NYC, et al., appellants-
respondents, et al., defendants.
(Index No. 21748/06)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 22, 2011. By order on application of this Court dated March 8, 2013, the appeal was withdrawn. The cross appeal has not been perfected.

Now, on the Court's own motion, it is

ORDERED that the cross appeal is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e][1]).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court