Citibank (south Dakota), N.A. v Margaret R. Etkins
Motion No: 2013-02782 QC
Slip Opinion No: 2014 NY Slip Op 87419(U)
Decided on October 20, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

THOMAS P. ALIOTTA, J.P.

MICHAEL L. PESCE

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2013-2782 Q C
Citibank (South Dakota), N.A., Respondent, v Margaret R. Etkins, Appellant.

Motion by the appellant, in effect, to vacate an order of this court dated June 23, 2014, which dismissed an appeal from a decision of the Civil Court of the City of New York, Queens County entered October 9, 2013.

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

ORDERED that the motion is denied with leave to renew upon the filing of an affidavit by appellant setting forth both a reasonable excuse for her default and a potentially meritorious appeal (see CPLR 5015 [a][1]; Sussman v Jo-Sta Realty Corp., 99AD3d 787).

ENTER:

Paul Kenny

Chief Clerk