| Sylvia Francis v Carla Brathwaite |
| Motion No: 2019-00413 KC |
| Slip Opinion No: 2020 NY Slip Op 61588(U) |
| Decided on January 15, 2020 |
| 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 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| Sylvia Francis, Respondent, v Carla Brathwaite, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a small claims judgment of the Civil Court of the City of New York, Kings County, entered August 14, 2017. The notice of appeal was not filed until October 3, 2017.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed as untimely taken (see CCA 1703 [b]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk