Opinion
2012-10504 Index No. 5590/12 M157641
06-07-2013
In the Matter of Earl F. Rothenberger, appellant, v. NYC Civil Service Commission, et al., respondents.
, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 5, 2012, and for leave to prosecute the appeal as a poor person. Cross motion by the respondents to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion granted, and the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court.
ANGIOLILLO, J.P., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court