| Jones v City of New York |
| Motion No: 2014-05219 |
| Slip Opinion No: 2015 NY Slip Op 61151(U) |
| Decided on January 15, 2015 |
| 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
M185816
E/ct
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2014-05219 Eveline Jones, appellant, v City of New York, respondent. (Index No. 17199/10)
| DECISION & ORDER ON MOTION |
Appeal by Eveline Jones from an order of the Supreme Court, Queens County, dated April 9, 2014. By order to show cause dated November 17, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until February 17, 2015, and the respondent's brief must be served and filed on or before that date.
RIVERA, J.P., BALKIN, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court