| Barbara Robinson v Brendan's Auto Body Etc. |
| Motion No: 2015-01471 WC |
| Slip Opinion No: 2016 NY Slip Op 85373(U) |
| Decided on September 7, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Barbara Robinson, Appellant, v Brendan's Auto Body etc., Respondent. |
Motion by appellant pro se, in effect, to vacate a decision and order on motion of this court dated March 1, 2016, which dismissed an appeal from a judgment of the Justice Court of the Village of Elmsford, Westchester County, entered May 7, 2015, and, pursuant to CPLR 5520 (a), for an extension of time to cure her omission in failing to serve a copy of the notice of appeal on respondent's counsel. Cross motion by respondent to dismiss the appeal as not properly taken and for failure to properly settle the transcript.
Upon the papers filed in support of the motion and cross motion, it is
ORDERED that the motion is granted on condition that appellant serve a copy of the notice of appeal on respondent's counsel within 30 days of the date of this decision and order on motion; and it is further,
ORDERED that the cross motion is denied.
This court is bound by the settled record (see Browne v Leino, 6 Misc 3d 131[A], 2005 NY Slip Op 50079[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2005]). If respondent has an objection to the propriety of the settlement, its remedy is to move in the court below to set aside the settlement.
ENTER:
Paul Kenny
Chief Clerk