| Manko v Gabay |
| Motion No: 2012-07690 |
| Slip Opinion No: 2013 NY Slip Op 86710(U) |
| Decided on September 30, 2013 |
| Appellate Division, 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 Division: Second Judicial Department
M163041
E/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2012-07690 Nella Manko, appellant, v David A. Gabay, etc., et al., respondents. (Actions No. 1, 2, 3) Nella Manko, appellant, v Law Offices of David A. Gabay, etc., et al., respondents. (Action No. 4)
(Index Nos. 25157/10, 3521/11, 8549/11, 23002/11)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 7, 2012, for failure to timely perfect, and for an award of costs and disbursements. Motion by the appellant pro se to enlarge the time to perfect the appeal and to waive the motion filing fee.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is to waive the motion filing fee is granted; and it is further,
ORDERED that the branch of the appellant's motion which is to enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that the branch of the respondents' motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this Court; and it is further,
ORDERED that the respondents' motion is otherwise denied.
ENG, P.J., RIVERA, HALL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court