| Hussain v New York City Housing Authority |
| Motion No: 2014-01288 |
| Slip Opinion No: 2014 NY Slip Op 68144(U) |
| Decided on April 1, 2014 |
| 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
M171548
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2014-01288 Taskheer Hussain, appellant, v New York City Housing Authority, defendant third-p plaintiff-respondent; Pioneer General Con Co., LLC, et al., third-party defendants. (Index No. 2345/10)
| DECISION & ORDER ON MOTION arty struction |
Motion by the defendant third-party plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 14, 2013, as untimely taken. Cross motion by the third-party defendant Pioneer General Construction Co., LLC, to dismiss the appeal as untimely taken.
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 granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the cross motion is denied as no appeal has been taken against the third-party defendant Pioneer General Construction Co., LLC, by the plaintiff, who is not aggrieved by so much of the order as granted the motion by the defendant third-party plaintiff-respondent for summary judgment against the third-party defendant Pioneer General Construction Co., LLC.
BALKIN, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court