Baker v Lizardo
Motion No: 2011-06127
Slip Opinion No: 2014 NY Slip Op 71069(U)
Decided on May 2, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M173363

S/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2011-06127

Sandra Baker, plaintiff,

v Emilinda Lizardo, defendant.

(Index No. 30607/08)

DECISION & ORDER ON MOTION

Application by the plaintiff for leave to make a fourth motion, in effect, for leave to reargue her motion, inter alia, for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated February 16, 2011, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 18, 2008, which was determined by decision and order on motion of this Court dated September 9, 2011. After the determination of the motion, the plaintiff made three motions, inter alia, for reargument. The motions were denied by decisions and orders on motion of this Court dated November 9, 2011, March 2, 2012, and June 1, 2012, respectively. The decision and order on motion dated June 1, 2012, also precluded the plaintiff from making further motions without prior leave of this Court. Thereafter, prior to the instant application, the plaintiff made 13 applications for leave to make a fourth motion for leave to reargue, each of which has been denied.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is denied; and it is further,

ORDERED that on the Court's own motion, the plaintiff is enjoined from making any further motions or applications in connection with the above-entitled action.

BALKIN, J.P., CHAMBERS, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court