| Payne v City of New Rochelle |
| Motion No: 2012-05399 |
| Slip Opinion No: 2014 NY Slip Op 77467(U) |
| Decided on July 10, 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
M176858
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
SANDRA L. SGROI
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. Separate motion by the appellant to enlarge the time to perfect the appeal and, in effect, to waive the filing fee and for free transcripts.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is denied; and it is further,
ORDERED that the respondent City of New Rochelle's motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of the Court.
MASTRO, J.P., RIVERA, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court