Frankie Ruiz v NYCHAClaremont Houses .

Motion No: M-7327

Slip Opinion No: 2019 NYSlipOp 83281(U)

Decided on October 31, 2019

Appellate Division, First 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.

October 31, 2019

Frankie Ruiz,

Plaintiff-Appellant,

v

NYCHA-Claremont Houses,

Defendant-Respondent.

An appeal having been taken to this Court by plaintiff-appellant from an order of the Supreme Court, Bronx County, entered on or about March 11, 2019, And an order of this Court having been entered on July 16, 2019 (M-2657), denying plaintiff's motion for poor person relief, with leave to renew, upon papers including proof that a notice of appeal was timely served and filed, And plaintiff-appellant, pro se, having renewed his motion for leave to prosecute said appeal as a poor person, for the assignment of counsel, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the appeal is dismissed by this Court sua sponte, as untimely taken (see CPLR 5513), and the motion is denied as academic. ENTERED: October 31, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Peter Tom Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-7327

Ind. No. 300119/18