Valva v Valva
Motion No: 2018-09131
Slip Opinion No: 2019 NY Slip Op 76756(U)
Decided on August 2, 2019
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

M264960

E/sl

ALAN D. SCHEINKMAN, P.J.

HECTOR D. LASALLE

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-09131

Michael G. Valva, plaintiff,

v Justyna Valva, appellant;

Jason Barbara, nonparty-respondent.

(Index No. 203503/15)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Nassau County, entered May 17, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SCHEINKMAN, P.J., LASALLE, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court