| Barrett v New York City Transit Authority |
| Motion No: 2015-05916 |
| Slip Opinion No: 2017 NY Slip Op 68692(U) |
| Decided on March 28, 2017 |
| 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
M228383
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2015-05916, 2016-03804, 2016-13105 Pauline Barrett, respondent, v New York City Transit Authority, appellant. (Index No. 39767/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from an interlocutory judgment of the Supreme Court, Kings County, dated July 8, 2015, an order of the same court dated February 3, 2016, and a judgment of the same court entered October 28, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeals from the interlocutory judgment and the order are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branches of the motion which are to enlarge the time to perfect the appeals from the interlocutory judgment and the order are denied as academic; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment is denied as premature as the time to perfect that appeal does not expire until June 2, 2017.
RIVERA, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court