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Ali v. City of New York
Citations: 2017 NY Slip Op 6420; 153 A.D.3d 1216; 59 N.Y.S.3d 701Docket: 2016-02284
Court: Appellate Division of the Supreme Court of the State of New York; September 13, 2017; New York; State Appellate Court
Original Court Document: View Document
In the case of Ali v. City of New York (2017 NY Slip Op 06420), the Appellate Division of the Supreme Court of New York addressed an appeal from a January 4, 2016 order by the Supreme Court, Kings County, which granted the City of New York’s application to dismiss the plaintiffs' complaint for failure to prosecute. The Appellate Division found that the order was not appealable as of right because it did not arise from a motion made on notice, as outlined in CPLR 5701(a)(2). Consequently, the court declined to grant leave to appeal and dismissed the appeal with costs. Additionally, the City of New York filed a motion to dismiss the appeal on the grounds that it was based on the appellants' default or consent. This motion was initially held in abeyance by the court but was ultimately deemed academic following the determination of the appeal. The justices, including Rivera, Chambers, Duffy, and Barros, concurred in both the dismissal of the appeal and the denial of the motion to dismiss.