| Binbing Xie v Yan Fang Chen, Physician, P.C. |
| Motion No: 2020-09581 |
| Slip Opinion No: 2021 NY Slip Op 67286(U) |
| Decided on June 7, 2021 |
| 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
M277270
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2020-09581 Binbing Xie, appellant, v Yan Fang Chen, Physician, P.C., respondent. (Index No. 6319/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated September 18, 2020. Motion by the respondent to dismiss the appeal as untimely taken. Motion by the appellant pro se, in effect, for summary reversal, or, in the alternative, for leave to prosecute the appeal as a poor person. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the appellant's motions are denied as academic.
MASTRO, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court