Davette A. Allen v Erika Fellinger
Motion No: 2021-00713 DC
Slip Opinion No: 2022 NY Slip Op 76429(U)
Decided on December 19, 2022
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

JERRY GARGUILO, P.J.

ELIZABETH H. EMERSON

TIMOTHY S. DRISCOLL, JJ.

DECISION & ORDER ON MOTION

2021-713 D C
Davette A. Allen, Respondent, v Erika Fellinger, Appellant.

Motion by appellant to vacate an order of this court dated June 13, 2022, which dismissed an appeal from a judgment of the City Court of Poughkeepsie, Dutchess County, entered October 21, 2021.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied with leave to renew upon the filing of an affidavit by the appellant setting forth a potentially meritorious appeal on or before December 30, 2022.

Driscoll, J., taking no part.

ENTER:

Paul Kenny

Chief Clerk