Renz v State University of New York
Motion No: 2021-02218
Slip Opinion No: 2022 NY Slip Op 61395(U)
Decided on February 4, 2022
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

M281358

AFA/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

CHERYL E. CHAMBERS

LINDA CHRISTOPHER, JJ.

2021-02218

John F. Renz, etc., appellant, v State

University of New York, et al., respondents.

(Index No. 500193/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated January 28, 2021. Motion by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion 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, on the ground that the order did not decide the pending motions (see Katz v Katz, 68 AD2d 536, 543-544) and the determination to transfer the proceedings to the Court of Claims was not the result of a motion made on notice (see CPLR 5701); and it is further,

ORDERED that the appellant's motion is denied as academic.

DILLON, J.P., BRATHWAITE NELSON, CHAMBERS and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court