| Dr. Salvatore Dericco v Christopher Mcnerney & Kelly Mcnerney |
| Motion No: 2014-00841 WC |
| Slip Opinion No: 2014 NY Slip Op 73042(U) |
| Decided on May 7, 2014 |
| 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Dr. Salvatore DeRicco, Appellant, v Christopher McNerney and Kelly McNerney, Respondents. |
Appeal from a small claims judgment of the City Court of White Plains, Westchester County, entered July 31, 2012. The notice of appeal was filed on September 5, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed as untimely (CPLR 5513 [a]; UCCA 1703 [b]; see Coogan v Starr, 30 Misc 3d 143, 2011 NY Slip Op 50326[U] [App Term, 9th & 10th Jud Dists 2011]), without prejudice to an application pursuant to CPLR 5520 (a) for an extension of time.
ENTER:
Paul Kenny
Chief Clerk