Powell v Burg
Motion No: 2017-11846
Slip Opinion No: 2018 NY Slip Op 68567(U)
Decided on April 2, 2018
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M248229

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-11846

Yolanda Powell, appellant,

v Leona Burg, respondent.

(Index No. 5408/14)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a clerk's extract of the minutes of a jury verdict of the Supreme Court, Kings County, dated August 25, 2017.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a clerk's extract of the minutes of a jury verdict (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591); and it is further,

ORDERED that the application is denied.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court