Samantha Irizarry v Mariscal Gerald

Motion No: M-5996

Slip Opinion No: 2018 NYSlipOp 61539(U)

Decided on January 18, 2018

Appellate Division, First 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.

January 18, 2018

Samantha Irizarry,

Plaintiff-Appellant,

v

Mariscal Gerald,

Defendant-Respondent.

Defendant-respondent having moved for dismissal of the appeal taken from an order of the Supreme Court, Bronx County, entered on or about June 16, 2016, for failure to timely prosecute, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and the appeal is dismissed. ENTERED: January 18, 2018

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Peter Tom Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices

M-5996

Index No. 23685/14E