Appellate Division: Second Judicial Department

M272156

MB/

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2016-13181 Nella Manko, appellant, v David A. Gabay, et al., respondents, et al., defenda (Index No. 22148/2013)

DECISION & ORDER ON MOTION nts.

2017-07541

Nella Manko, appellant,

v David A. Gabay, etc., et al., respondents.

(Index No. 22148/2013)

Appeals from an order of the Supreme Court, Kings County, dated October 7, 2016, which was dismissed by decision and order on motion of this Court dated July 13, 2018, for failure to comply with a decision and order on motion of this Court dated March 19, 2018, and from an order of the same court dated May 31, 2017, which was dismissed by decision and order on motion of this Court dated June 6, 2019, for failure to comply with a decision and order on motion of this Court dated September 12, 2018. Motion by the appellant pro se, inter alia, to recall and vacate the decision and order on motion dated July 13, 2018, and so much of the decision and order on motion dated June 6, 2019, as dismissed that appeal, to reinstate the appeals, for poor person relief, and to waive the motion filing fee.

Upon the papers filed in support of the motion and the papers filed in opposition 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.

SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court