Patrick H. Barclay also known as v Citibank N.A.

Motion No: M-790

Slip Opinion No: 2020 NYSlipOp 64941(U)

Decided on March 19, 2020

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.

March 19, 2020

Patrick H. Barclay, also known as

Independent Anchor,

Plaintiff-Appellant,

v

Citibank, N.A.,

Defendant-Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about July 3, 2019, and said appeal having been subsequently dismissed pursuant to 22 NYCRR 1250.10(a), And plaintiff-appellant having moved to vacate the dismissal of the appeal, for an extension of time to perfect the reinstated appeal, and for leave to prosecute the appeal as a poor person, on the original record and upon a reproduced appellant's brief, and for other relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that that branch of the motion seeking to vacate the dismissal of the appeal is denied. Accordingly, plaintiff's request for poor person relief is denied as academic. ENTERED: March 19, 2020

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Anil C. Singh,Justices

M-790

Index No. 401104/12