| Matter of Pizarro v Actors Federal Credit Union |
| Motion No: 2013-06849 |
| Slip Opinion No: 2013 NY Slip Op 83168(U) |
| Decided on August 23, 2013 |
| 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
M161074
E/ct
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX, JJ.
|
2013-06849 In the Matter of Wilfred Pizarro, appellant, v Actors Federal Credit Union, respondent. (Index No. 2750/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 24, 2013, as untimely taken. Cross motion by the appellant to deem nunc pro tunc the notice of appeal to be an appeal from a judgment of the same court entered May 17, 2013.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the cross motion is denied.
SKELOS, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court