Sunnybrook Gardens Owners, Inc. v Vijay Singh
Motion No: 2020-00629 WC
Slip Opinion No: 2021 NY Slip Op 61532(U)
Decided on January 25, 2021
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

TERRY JANE RUDERMAN, P.J.

JERRY GARGUILO

ELIZABETH H. EMERSON, JJ.

DECISION & ORDER ON MOTION

2020-629 W C
Sunnybrook Gardens Owners, Inc., Respondent, v Vijay Singh, Appellant.

Motion by respondent to dismiss the appeal for lack of prosecution on an appeal from an order of the City Court of Yonkers, Westchester County, entered August 28, 2019. Separate motion by appellant to strike respondent's reply affidavit for misrepresentations of material fact and prejudicial matter.

Upon the papers filed in support of the motions and the papers having been filed in opposition thereto, it is

ORDERED that the motions are consolidated for disposition; and it is further,

ORDERED that respondent's motion to dismiss the appeal is granted, unless the appeal is perfected on or before March 30, 2021; and it is further,

ORDERED that the motion to strike respondent's reply is denied.

ENTER:

Paul Kenny

Chief Clerk