Opinion
2021-74382 Index 260040/18
11-16-2021
James Pettus, Petitioner-Appellant, v. Board of Directors, Owners 800 Grand Concourse, and Charles H. Greenthal, Respondents-Respondents. Motion No. 2021-03351 No. 2021-00918
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Presiding Justice, Jeffrey K. Oing, Anil C. Singh, Lizbeth González, Julio Rodriguez III, Justices.
An appeal from an order of the Supreme Court, Bronx County, entered on or about March 13, 2019 having been transferred to this Court by order of the Court of Appeals dated December 17, 2019, and said appeal having been accepted for filing, And respondents-respondents having moved for an order dismissing the appeal: (1) pursuant to 22 NYCRR 1250.10(a), based on the failure to timely perfect; (2) pursuant to 22 NYCRR 1250.9(i), based on the failure to serve a necessary party; and (3) based on petitioner's failure to obtain permission to perfect his appeal in accordance with prior orders of this Court directing him to do so, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent that the appeal is dismissed due to petitioner's failure to timely perfect in accordance with to 22 NYCRR 1250.9 and 1250.10 , and is otherwise denied. Petitioner's application, filed with this Court on November 05, 2021, requesting permission to submit a motion to this Court, is denied. 1