Opinion
Motion No: M-3270
09-17-2019
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