[*1]
M & H Weintraub v Huberman
2007 NY Slip Op 51991(U) [17 Misc 3d 131(A)]
Decided on October 5, 2007
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 5, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2006-1500 K C.

M & H Weintraub, Respondent,

against

Hartley Huberman, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Gary Franklin Marton, J.), dated June 22, 2006. The order denied a motion to restore the matter to the calendar.


Judgment Appeal dismissed.

The appeal was taken by the tenant's daughter purportedly on behalf of her father. Since tenant's daughter is not an attorney, and, thus, not authorized to take
an appeal on behalf of her father (CPLR 321 [a]; see e.g. Whitehouse v Town House Equities, Ltd., 8 AD3d 369 [2004]), the appeal is dismissed.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: October 05, 2007