| Payne v City of New Rochelle |
| Motion No: 2012-05399 |
| Slip Opinion No: 2013 NY Slip Op 83138(U) |
| Decided on August 23, 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
M161082
E/ct
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2012-05399 Ronald Payne, appellant, v City of New Rochelle, et al., respondents, et al., defendants. (Index No. 04-17536)
| DECISION & ORDER ON MOTION |
Motion by the respondent City of New Rochelle to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated August 3, 2012, for failure to timely perfect.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied in light of the decision and order on motion of this Court dated July 19, 2013.
ENG, P.J., DICKERSON, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court