| Melia v City of New York |
| Motion No: 2018-10318 |
| Slip Opinion No: 2019 NY Slip Op 62134(U) |
| Decided on February 4, 2019 |
| 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
M259796
E/afa
MARK C. DILLON, J.P.
HECTOR D. LASALLE
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2018-10318 Frances Melia, respondent, v City of New York, et al., defendants, County-Wide Insurance Company, appellant. (Index No. 708307/2015)
| DECISION & ORDER ON MOTION |
Motion by the respondent to extend the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated March 14, 2018. Separate motion by the respondent to dismiss the appeal on the ground that it has been rendered academic and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion, inter alia, to dismiss the appeal and the papers filed in opposition thereto, it is
ORDERED that the motion to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until February 9, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further extension of time shall be granted; and it is further,
ORDERED that the motion to dismiss the appeal and for an award of costs and an attorney's fee is denied.
DILLON, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court