George W. Johnson v Patricia schneider/aamco
Motion No: 2012-02122 pc
Slip Opinion No: 2013 NY Slip Op 71527(U)
Decided on April 17, 2013
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 of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

ANGELA G. IANNACCI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

2012-2122 P C
George W. Johnson, Appellant, v Patricia Schneider/AAMCO, Respondent.

Motion by appellant to vacate an order of this court dated April 2, 2013, which dismissed an appeal from a judgment of the Justice Court of the Town of Carmel, Putnam County entered June 19, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

Appellant has failed to show good cause why it did not perfect the appeal in a timely manner (see, Rules of the App Term, 9

th

& 10

th

Jud Dists [22 NYCRR] § 732.8). Nor has appellant set forth any merit to the appeal. With regard to allegedly not having received notice from the court regarding "informing me that [my case] was calendared," the court's rules clearly advise an appellant when an appeal is to perfected. The notice is a mere courtesy.

ENTER:

Paul Kenny

Chief Clerk