| Beacon 109 245-251 LLC v Henriquez, Luz Georgina a/k/a Ga. Richards & Luis Richards |
| Motion No: 570226/13 |
| Slip Opinion No: 2013 NY Slip Op 69205(U) |
| Decided on March 29, 2013 |
| Appellate Term, First 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. |
March 29, 2013
Beacon 109 245-251 LLC v Henriquez, Luz Georgina a/k/a Ga. Richards & Luis Richards
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that petitioner's cross motion to dismiss the appeal as untimely is granted, given respondent-appellant's demonstrated failure to serve and file the notice of appeal within the requisite time period (see CPLR § 5513[a], [d]). Appellant's motion for a stay is denied as academic.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570226/13