Richard Avila v Wells Fargo
Motion No: 2018-02514 QC
Slip Opinion No: 2018 NY Slip Op 92263(U)
Decided on December 27, 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

2018-2514 Q C
Richard Avila, Appellant, v Wells Fargo, Respondent.

Appeal from a small claims judgment of the Civil Court of the City of New York, Queens County, entered March 14, 2018. The notice of appeal was not filed until April 24, 2018.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

Pursuant to CCA 1703 (b), a notice of appeal must be served within 35 days after service by the court upon the appellant of a copy of the small claims judgment. In addition, service of the notice of appeal was by appellant pro se, in violation of CPLR 2103 (a).

ENTER:

Paul Kenny

Chief Clerk