| Isaac Mallory v Pbq Brokerage Corp. |
| Motion No: 2012-01558 kc |
| Slip Opinion No: 2012 NY Slip Op 80946(U) |
| Decided on August 6, 2012 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Isaac Mallory, Respondent, v PBQ Brokerage Corp., Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered September 26, 2011, for failure to prosecute.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renewal upon proper notice, as respondent has failed to provide the requisite 13 days' notice, having made the motion returnable 11 days rather than 13 days after service of the motion (see CPLR 2214 [b], 2103 [b] [2]).
ENTER:
Paul Kenny
Chief Clerk