Matter of Rothenberger v NYC Civil Service Commission
Motion No: 2012-10504
Slip Opinion No: 2013 NY Slip Op 83173(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M161077

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SYLVIA O. 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 for leave to reargue his motion to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 5, 2012, and the respondents' cross motion to dismiss the appeal for failure to timely perfect, which were determined by decision and order on motion of this Court dated June 7, 2013, and for leave to prosecute the appeal as a poor person.

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

ORDERED that the motion is denied.

RIVERA, J.P., LEVENTHAL, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court