Gray v. YMCA of N.Y., Inc.

Full title: Rev. Dr. Simpson Gray, Appellant, v. YMCA of New York, Inc. etc.…

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

Date published: Feb 25, 2015

2015 N.Y. Slip Op. 67051 (N.Y. App. Term 2015)

Opinion

Motion No: 2014-02805 QC

02-25-2015

Rev. Dr. Simpson Gray, Appellant, v. YMCA of New York, Inc. etc., Respondent.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss an appeal, taken by notice of appeal dated November 14, 2013, from a judgment of the Civil Court of the City of New York, Queens County, entered October 10, 2013, for failure to prosecute, and to dismiss as untimely an appeal purportedly taken by notice of appeal dated August 18, 2014 from the judgment and from an order of the same court dated July 24, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to dismiss the appeal taken by notice of appeal dated November 14, 2013 is denied and the appeal shall be perfected by April 3, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 3, 2015, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person; and it is further,

ORDERED that the branch of the motion seeking to dismiss as untimely an appeal purportedly taken by notice of appeal dated August 18, 2014 is denied as unnecessary, as no notice of appeal dated August 18, 2014 has been filed with the Civil Court.

ENTER:

Paul Kenny

Chief Clerk