Robinson v. Brendan's Auto Body

Full title: Barbara Robinson, Appellant, v. Brendan's Auto Body etc., Respondent.

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

Date published: May 25, 2016

2016 N.Y. Slip Op. 75264 (N.Y. App. Term 2016)

Opinion

Motion No: 2015-01471 WC

05-25-2016

Barbara Robinson, Appellant, v. Brendan's Auto Body etc., Respondent.

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Motion by appellant pro se, in effect, to vacate her default in opposing a prior motion by respondent to dismiss an appeal from a judgment of the Justice Court of the Village of Elmsford, Westchester County, entered May 7, 2015, which prior motion was determined by decision and order on motion of this court dated March 1, 2016, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order on motion of this court.

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

ORDERED that the motion is denied without prejudice to appellant, if she be so advised, moving, pursuant to CPLR 5520 (a), for an extension of time to cure her omission to serve the notice of appeal upon respondent's counsel.

ENTER:

Paul Kenny

Chief Clerk