| Mary Yacono v United Mgt. Corp. |
| Motion No: 2016-00322 KC |
| Slip Opinion No: 2016 NY Slip Op 71577(U) |
| Decided on April 19, 2016 |
| 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Mary Yacono, Respondent, v United Management Corp., Appellant. |
Motion by respondent to dismiss an appeal from a small claims judgment of the Civil Court of the City of New York, Kings County, entered May 18, 2015, for failure to prosecute. The small claims judgment was mailed to appellant on May 18, 2015, and the notice of appeal was not filed until December 10, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed as untimely (see CCA 1703 [b] [1], [3]); and it is further,
ORDERED that respondent's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk