| Care v Vodenitcharova |
| Motion No: 2021-05833 |
| Slip Opinion No: 2022 NY Slip Op 69457(U) |
| Decided on August 3, 2022 |
| 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
M284237
MB/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
JOSEPH A. ZAYAS
LARA J. GENOVESI, JJ.
|
2021-05833 Rosella Care, appellant, v Dr. Vodenitcharova, et al., respondents. (Index No. 51302/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated June 30, 2021, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to waive the filing fee of the appeal. Separate motion by the respondent Laizor Marcello, inter alia, to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the appellant's motion which is, in effect, to vacate the dismissal of the appeal is denied; and it is further,
ORDERED that the appellant's motion is otherwise denied as academic; and it is further,
ORDERED that the motion by the respondent Laizor Marcello is denied as academic.
BARROS, J.P., CHAMBERS, ZAYAS and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court