[*1]
Biton v Jaacob
2012 NY Slip Op 50663(U) [35 Misc 3d 130(A)]
Decided on April 17, 2012
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 17, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
570012/10.

Crystal Biton, Plaintiff-Appellant,

against

Zackry Cobi Jaacob and Zackry Pinhas, Defendants-Respondents.


Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered September 9, 2009, which denied her motion, in effect, to vacate a prior order denying her motion to restore the action to the trial calendar.


Per Curiam.

Order (Barbara Jaffe, J.), entered September 9, 2009, affirmed, without costs, for the reasons stated by Barbara Jaffe, J. at Civil Court.

We note our agreement that plaintiff's motion, seeking in effect to renew an order denying her prior motion to restore this 1997 action to the trial calendar, was barred by the doctrine of laches, where the present motion was not made until more than a decade after issuance of the underlying order (see Garcia v City of New York, 72 AD3d 505 [2010, appeal dismissed 15 NY3d 918 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: April 17, 2012