In Matter of Phyllis Ringel v 11 Wooleys Lane Hous. Corp. & J.C. Mgt., L.L.C.
Motion No: 2014-00628 NC
Slip Opinion No: 2015 NY Slip Op 63754(U)
Decided on February 2, 2015
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

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2014-628 N C
In The Matter of Phyllis Ringel, Respondent, v 11 Wooleys Lane Housing Corp. and J.C. Management, L.L.C., Appellants.

Purported appeal, by notice of appeal filed December 26, 2013, from a decision of the District Court of Nassau County, First District, dated April 13, 2011. By decision and order on motion dated July 3, 2012, this court dismissed appellants' appeal, taken by notice of appeal filed June 24, 2011, from the decision dated April 13, 2011.

On the court's own motion, it is

ORDERED that the purported appeal taken by notice of appeal filed December 26, 2013 is dismissed.

Under the circumstances presented, this court declines to exercise its discretion to deem the notice of appeal filed December 26, 2013 to be a premature notice of appeal from a judgment entered March 17, 2014, and no notice of appeal has been filed with respect to the judgment (CPLR 5520 [c]; see Rupp-Elmasri v Elmasri, 8 AD3d 464 [2004]).

ENTER:

Paul Kenny

Chief Clerk