Michael Poelker v Steven King
Motion No: 2017-01901 QC
Slip Opinion No: 2018 NY Slip Op 75229(U)
Decided on June 7, 2018
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

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2017-1901 Q C
Michael Poelker, Appellant, v Steven King, Respondent.

Appeal from a small claims judgment of the Civil Court of the City of New York, Queens County, entered December 15, 2016. The notice of appeal was filed on January 26, 2017. By order to show cause dated May 11, 2018, the parties were directed to show cause before this court why the appeal should or should not be dismissed as untimely.

Upon the order to show cause and the papers filed by appellant in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed as untimely (see CCA 1703 [b]).

ENTER:

Paul Kenny

Chief Clerk