Barbara Robinson v Brendan's Auto Body Etc.
Motion No: 2015-01471 WC
Slip Opinion No: 2016 NY Slip Op 75264(U)
Decided on May 25, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2015-1471 W C
Barbara Robinson, Appellant, v Brendan's Auto Body etc., Respondent.

Motion by appellant pro se, in effect, to vacate her default in opposing a prior motion by respondent to dismiss an appeal from a judgment of the Justice Court of the Village of Elmsford, Westchester County, entered May 7, 2015, which prior motion was determined by decision and order on motion of this court dated March 1, 2016, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order on motion of this court.

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

ORDERED that the motion is denied without prejudice to appellant, if she be so advised, moving, pursuant to CPLR 5520 (a), for an extension of time to cure her omission to serve the notice of appeal upon respondent's counsel.

ENTER:

Paul Kenny

Chief Clerk