| Manko v Gabay |
| Motion No: 2017-07541 |
| Slip Opinion No: 2019 NY Slip Op 72032(U) |
| Decided on June 6, 2019 |
| 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
M263137
E/mm
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2017-07541 Nella Manko, appellant, v David A. Gabay, etc., et al., respondents. (Index No. 22148/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant to extend the time to comply with a decision and order on motion of this Court dated September 12, 2018, on an appeal from an order of the Supreme Court, Kings County, dated May 31, 2017, for poor person relief, and to waive the motion filing fee. Cross motion by the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiserto dismiss the appeal for failure to comply with the decision and order on motion of this Court dated September 12, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to waive the motion filing fee is denied as unnecessary (see CPLR 8022[b]); and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements.
BALKIN, J.P., ROMAN, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court