| Elena Novikova v John Neas |
| Motion No: 2007-00482 KC 04-13-2007 |
| Slip Opinion No: 2007 NYSlipOp 71151(U) |
| Decided on June 4, 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: and th JUDICIAL DISTRICTS
| ELENA NOVIKOVA, Appellant, -against- JOHN NEAS, Defendant, -and- 1709 E 4TH ST. REALTY CORP., Respondent. |
DECISION
On the court's own motion, motion by respondent to dismiss the appeal as untimely taken and motion by appellant for leave to submit late opposition are consolidated for purposes of disposition.
On the court's own motion, appeal from judgment dated September 8, 2006 dismissed.
Motion by respondent to dismiss the appeal as untimely taken is dismissed as academic and motion by appellant for leave to submit late opposition is denied as academic.
The judgment of September 8, 2006 from which appellant appeals was vacated by order dated September 18, 2006, which order directed the entry of an amended judgment. No amended judgment has yet been entered. In view of the foregoing, the appeal from the judgment of September 8, 2006 is dismissed.