Manolo D. Rodriguez, & Marcelo Jorge v Tower Ins. Co. of N. Y. Et Al.
Motion No: 2013-00430 qc
Slip Opinion No: 2013 NY Slip Op 83216(U)
Decided on August 16, 2013
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2013-430 Q C
Manolo D. Rodriguez, Plaintiff, and Marcelo Jorge, Appellant, v Tower Insurance Company of New York
et al., Respondents.

Motion by respondents to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, dated October 3, 2012. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondents' motion.

Upon the papers filed in support of the motions, it is

ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that respondents' motion is granted and the appeal is dismissed (see CPLR 5513 [a]).

ENTER:

Paul Kenny

Chief Clerk