Yacono v. United Mgmt. Corp.

Full title: Mary Yacono, Respondent, v. United Management Corp., Appellant.

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

Date published: Apr 19, 2016

2016 N.Y. Slip Op. 71577 (N.Y. App. Term 2016)

Opinion

Motion No: 2016-00322 KC

04-19-2016

Mary Yacono, Respondent, v. United Management Corp., Appellant.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss an appeal from a small claims judgment of the Civil Court of the City of New York, Kings County, entered May 18, 2015, for failure to prosecute. The small claims judgment was mailed to appellant on May 18, 2015, and the notice of appeal was not filed until December 10, 2015.

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

ORDERED, on the court's own motion, that the appeal is dismissed as untimely (see CCA 1703 [b] [1], [3]); and it is further,

ORDERED that respondent's motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk