Malcolm v. Christina A. Agola, PLLC

Full title: BERNICE MALCOLM, PLAINTIFF-APPELLANT, v. CHRISTINA A. AGOLA, PLLC AND…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 5, 2016

2016 N.Y. Slip Op. 93682 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 15-00190

12-05-2016

BERNICE MALCOLM, PLAINTIFF-APPELLANT, v. CHRISTINA A. AGOLA, PLLC AND CHRISTINA A. AGOLA, DEFENDANTS-RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant having moved to vacate the dismissal of the appeal (denominated "leave to perfect the appeal") taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 18, 2014,

Now, upon reading and filing the affidavit of Bernice Malcolm sworn to November 21, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied as untimely (See 22 NYCRR 1000.13 [g]).

Entered: December 5, 2016

Frances E. Cafarell, Clerk