Ashlee Merrill v the City of New York E.E. Cruz & Tully Construction Company

Motion No: M-6011

Slip Opinion No: 2018 NYSlipOp 65482(U)

Decided on March 1, 2018

Appellate Division, First 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.

March 1, 2018

Ashlee Merrill,

Plaintiff-Appellant,

v

The City of New York, E.E. Cruz &

Tully Construction Company,

Defendants-Respondents.

Defendant-respondent, E.E. Cruz, having moved for dismissal of plaintiff's appeal taken from an order of the Supreme Court, New York County, entered on or about August 11, 2017, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent that the appeal is dismissed unless it is perfected for the September 2018 Term. ENTERED: March 1, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Marcy L. Kahn Ellen Gesmer Anil C. Singh, Justices

M-6011

Index No. 155587/15