| Debra Tempesta v Deia Vu Consignment Shop & Deja Vu Too |
| Motion No: 2016-01754 WC |
| Slip Opinion No: 2016 NY Slip Op 91241(U) |
| Decided on November 1, 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.
ANGELA G. IANNACCI
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
| Debra Tempesta, Respondent, v Deia Vu Consignment Shop and Deja Vu Too, Appellants. |
Motion by appellants for a stay pending the determination of an appeal from a small claims judgment of the Justice Court of the Village of Port Chester, Westchester County, entered May 10, 2016. The judgment was mailed to the parties on May 10, 2016, and the notice of appeal was not filed until July 20, 2016.
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 UJCA 1703 [b]); and it is further,
ORDERED that appellants' motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk