Matter of Cando v City of New York
Motion No: 2014-03257
Slip Opinion No: 2015 NY Slip Op 67347(U)
Decided on March 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M189260

T/ct

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2014-03257

In the Matter of Julio Cesar Cando, appellant,

v City of New York, et al., respondents.

(Index No. 17118/11)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, dated December 21, 2011, as untimely taken.

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

ORDERED that the branch of the motion which is to dismiss the appeal as untimely taken is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., AUSTIN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court