| Luis Alcala v Bay Laundry Depot |
| Motion No: 2023-00089 KC |
| Slip Opinion No: 2025 NY Slip Op 83521(U) |
| Decided on December 23, 2025 |
| 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
WAVNY TOUSSAINT, P.J.
CHEREÉ A. BUGGS
JOANNE D. QUIÑONES, JJ.
DECISION & ORDER ON MOTION
| Luis Alcala, Appellant, v Bay Laundry Depot, Respondent. |
Motion by appellant to vacate an order of this court dated July 17, 2023, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered November 3, 2022.
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.
This appeal was dismissed after having been placed on the Dismissal Calendar of the court on July 17, 2023 (22 NYCRR 731.8 [d]). "When an appeal has been dismissed pursuant to subdivision (d) . . . a motion to vacate the dismissal may be made within one year of the date of the dismissal" (22 NYCRR 731.8 [e]). This is appellant's second motion for this relief. His first motion was not made until February of 2025, more than one year after the date of the dismissal. His motions are untimely.
ENTER:
Jennifer Chan
Acting Chief Clerk