Francis v. Brathwaite

Full title: Sylvia Francis, Respondent, v. Carla Brathwaite, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Jan 15, 2020

2020 N.Y. Slip Op. 61588 (N.Y. App. Term 2020)

Opinion

Motion No: 2019-00413 KC

01-15-2020

Sylvia Francis, Respondent, v. Carla Brathwaite, Appellant.

THOMAS P. ALIOTTA, P.J.

DAVID ELLIOT

WAVNY TOUSSAINT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from a small claims judgment of the Civil Court of the City of New York, Kings County, entered August 14, 2017. The notice of appeal was not filed until October 3, 2017.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed as untimely taken (see CCA 1703 [b]); and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk