W.H.O. Acupuncture, P.C., As Assignee of Andrew Butler, Damion Harris, Jumoke Jones-forde, Frederick Ramsey, Stefano Williams Bert-toni, & Brenton Wynter v Elrac, Doing Bus. As Enter. Rent-a-car
Motion No: 2017-02248 KC
Slip Opinion No: 2017 NY Slip Op 94921(U)
Decided on November 29, 2017
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 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2017-2248 K C
W.H.O. Acupuncture, P.C., as Assignee of Andrew Butler, Damion Harris, Jumoke Jones-Forde, Frederick Ramsey, Stefano Williams Bert-Toni, and Brenton Wynter, Respondent, v ELRAC, Doing Business as Enterprise Rent-A-Car, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 3, 2017. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on March 24, 2017 and the notice of appeal was not filed until September 13, 2017.

On the court's own motion, it is

ORDERED that the appeal is dismissed as untimely (see CPLR 5513).

ENTER:

Paul Kenny

Chief Clerk