Luis Alcala v New York Foundling
Motion No: 2022-00035 KC
Slip Opinion No: 2023 NY Slip Op 72784(U)
Decided on August 25, 2023
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 2nd, 11th & 13th Judicial Districts

MARINA CORA MUNDY, J.P.

LISA S. OTTLEY

LOURDES M. VENTURA, JJ.

DECISION & ORDER ON MOTION

2022-35 K C
Luis Alcala, Appellant, v The New York Foundling, Respondent.

Motion by appellant to vacate an order of this court dated September 19, 2022, which dismissed an appeal from a decision of the Civil Court of the City of New York, Kings County, dated November 17, 2021, and separate motion by appellant for leave to prosecute the appeal as a poor person.

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

ORDERED that, on the court's own motion, the motions are consolidated for the purposes of disposition; and it is further;

ORDERED that the motion to vacate the dismissal is denied; and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person is denied as moot.

VENTURA, J., taking no part.

ENTER:

Paul Kenny

Chief Clerk