| Cherry v The City of New York |
| Motion No: 2017-06235 |
| Slip Opinion No: 2017 NY Slip Op 94501(U) |
| Decided on December 7, 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. |
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
M242805
E/afa
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-06235 Eric Cherry, appellant-respondent, v The City of New York, et al, defendants, C. Velez, etc., respondent-appellant. (Index No. 3570/12)
| DECISION & ORDER ON MOTION |
Application by C. Velez on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated April 19, 2017, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the cross appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the application is granted, C. Velez's time to perfect his appeal is enlarged until February 5, 2018, and the record or appendix and C. Velez's brief shall be served and filed on or before that date.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court