Johnson v. Schneider

Full title: George W. Johnson, Appellant, v. Patricia Schneider/AAMCO, Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Apr 17, 2013

2013 N.Y. Slip Op. 71527 (N.Y. App. Div. 2013)

Opinion

Motion No: 2012-02122 pc

04-17-2013

George W. Johnson, Appellant, v. Patricia Schneider/AAMCO, Respondent.

FRANCIS A. NICOLAI

, P.J.

ANGELA G. IANNACCI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

Motion by appellant to vacate an order of this court dated April 2, 2013, which dismissed an appeal from a judgment of the Justice Court of the Town of Carmel, Putnam County entered June 19, 2012.

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

ORDERED that the motion is denied.

Appellant has failed to show good cause why it did not perfect the appeal in a timely manner (see, Rules of the App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.8). Nor has appellant set forth any merit to the appeal. With regard to allegedly not having received notice from the court regarding "informing me that [my case] was calendared," the court's rules clearly advise an appellant when an appeal is to perfected. The notice is a mere courtesy.

ENTER:

Paul Kenny

Chief Clerk