| Care v Municipal Housing Authority for City of Yonkers |
| Motion No: 2012-03948 |
| Slip Opinion No: 2012 NY Slip Op 83042(U) |
| Decided on August 30, 2012 |
| Appellate Division, 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 Division: Second Judicial Department
M142849
E/sl
THOMAS A. DICKERSON, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2012-03948 Rosella Care, appellant, et al., plaintiff, v Municipal Housing Authority for City of Yonkers, respondent. (Index No. 09-23303)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated March 19, 2012, as a poor person, including the waiver of all fees, and for the assignment of counsel. By order to show cause dated July 24, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the order dated March 19, 2012, was entered upon the appellant's default, and the appellant's motion was held in abeyance in the interim.
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPLR 5511), without costs or disbursements; and it is further,
ORDERED that the appellant's motion is denied as academic.
DICKERSON, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court