| Bentley Macmillan v Eric Clark |
| Motion No: 2006-00513 KC |
| Slip Opinion No: 2007 NYSlipOp 64421(U) |
| Decided on March 2, 2007 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| BENTLEY MACMILLAN, Respondent, -against- ERIC CLARK, Appellant. |
DECISION
Motion by defendant-appellant to defer decision on timeliness of appeal denied. "Cross motion" by plaintiff-respondent to confirm the report of the Civil Court, Kings County (Kathy J. King, J.), dated November 15, 2006 and for other relief denied.
Defendant's motion to defer decision on the timeliness of the appeal pending defendant's appeal from the November 15, 2006 report of the Civil Court is denied as no appeal lies therefrom. Defendant's remedy was to move to reject the report (cf. CPLR 4403). Plaintiff's "cross motion" to confirm the report and for other relief is denied because no notice of cross motion was served (see CPLR 2214 [a]) and because the record upon which the report is based has not been furnished to this court (see generally Poster v Poster, 4 AD3d 145 [2003]).