| Buena Vista Assoc. v Doris Kwateng, Tenant, & Evelyn Kyei Parks |
| Motion No: 2019-00177 WC |
| Slip Opinion No: 2019 NY Slip Op 66371(U) |
| Decided on March 14, 2019 |
| 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. |
of the State of New York for the 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| Buena Vista Associates, Respondent, v Doris Kwateng, Tenant, and Evelyn Kyei Parks, Appellant. |
Appeal from a final judgment of the City Court of Yonkers, Westchester County, entered June 7, 2018. In a decision and order on motion of this court dated February 4, 2019, the parties were directed to show cause before this court why the appeal should or should not be dismissed on the ground that the notice of appeal was not served upon respondent (see CPLR 5515) and no application had been made pursuant to CPLR 5520 (a) to cure the omission. Application, in effect, by appellant pro se for leave to cure the omission.
Upon the order to show cause and the papers filed by respondent in support thereof, and upon the papers in support of appellant's application and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is denied, appellant's application, in effect, is granted and the notice of appeal is deemed timely served (see CPLR 5520 [a]).
A copy of the notice of appeal was included in appellant's prior motion papers that were served upon respondent, and a copy thereof is included in respondent's papers submitted upon this motion.
ENTER:
Paul Kenny
Chief Clerk