Opinion
Motion Nos. 2023-03820 2023-04024 Index No. 154298/21 No. 2023-02163
10-31-2023
In the Matter of the Application of A & D Family Homes, LLC, Plaintiff-Respondent, v. Rifka Herz, Defendant-Appellant, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, John Doe and Jane Doe, Defendants.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Cynthia S. Kern Peter H. Moulton Saliann Scarpulla Llinét M. Rosado, Justices.
Defendant-appellant, pro se, having moved for leave to prosecute, as a poor person, the appeal taken to this Court from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about March 28, 2023, and for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief (Motion No. 2023-03820), And plaintiff-respondent having cross moved to dismiss the aforesaid appeal (Motion No. 2023-04024), Now, upon reading and filing the papers with respect to said motions, and due deliberation having been had thereon, It is ordered that defendant-appellant's motion is denied, with leave to renew, upon submission of a detailed, notarized affidavit, pursuant to CPLR 1101(a), setting forth the total amount and all sources of defendant-appellant's income, including the source of any funds used to retain counsel in the Supreme Court (Motion No. 2023-03820) and, It is further ordered that plaintiff-respondent's cross motion is granted to the extent of dismissing the aforesaid appeal to the extent it seeks reversal of the grant of summary judgment to plaintiff on its cause of action for ejectment, and the cross motion is otherwise denied (Motion No. 2023-04024).