Opinion
2020-09581 Index 6319/2016
06-07-2021
Binbing Xie, appellant, v. Yan Fang Chen, Physician, P.C., respondent.
M277270 E/sl
WILLIAM F. MASTRO, J.P. LEONARD B. AUSTIN SYLVIA O. HINDS-RADIX FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated September 18, 2020. Motion by the respondent to dismiss the appeal as untimely taken. Motion by the appellant pro se, in effect, for summary reversal, or, in the alternative, for leave to prosecute the appeal as a poor person. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further, ORDERED that the appellant's motions are denied as academic.
MASTRO, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.