Mamadou Lamarana Diallo v Otis M. Irby and Celina Gail Irby .

Motion No: M-6569

Slip Opinion No: 2018 NYSlipOp 65333(U)

Decided on February 27, 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.

February 27, 2018

Mamadou Lamarana Diallo,

Plaintiff-Appellant,

v

Otis M. Irby and Celina Gail Irby,

Defendants-Respondents.

Defendants-respondents having moved for dismissal of the appeal taken from an order of the Supreme Court, Bronx County, entered on or about January 26, 2017, for failure to timely perfect, 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 denied, with leave to renew, upon proof of service on plaintiff's counsel.ENTERED: February 27, 2018

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Richard T. Andrias Barbara R. Kapnick Ellen Gesmer Peter H. Moulton, Justices

M-6569

Index No. 305154/13