| Dudley v City of New York |
| Motion No: 2018-05299 |
| Slip Opinion No: 2019 NY Slip Op 63166(U) |
| Decided on February 14, 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
M260127
E/afa
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2018-05299 Marion Dudley, etc., plaintiff, v City of New York, et al., respondents, et al., defendant; George Heath, nonparty- appellant. (Index No. 12978/14)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to remand the matter to the Supreme Court, Kings County, on an appeal from an order of the Supreme Court, Kings County, dated April 10, 2018, which has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to making a motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal.
DILLON, J.P., LEVENTHAL, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court