Darnley Clarke v American Truck and Trailer Inc.

Motion No: M-3270

Slip Opinion No: 2019 NYSlipOp 79579(U)

Decided on September 17, 2019

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.

September 17, 2019

Darnley Clarke,

Plaintiff-Appellant,

v

American Truck and Trailer, Inc.,

et al.,

Defendants,

National Freight, Inc.,

Defendant-Respondent.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about April 18, 2018, And defendant-respondent having moved (1) to dismiss said appeal as moot or, in the alternative, to enlarge its time to file a respondent's brief, and (2) to impose sanctions and costs on plaintiff-appellant's counsel for refusing to withdraw the appeal, 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 of dismissing the aforementioned appeal as moot, with $100 costs to defendant-respondent. That branch of the motion seeking an

enlargement of time to file a respondent's brief is denied as moot. ENTERED: September 17, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische, Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-3270

Index No. 310675/11