MATTER OF CONSORTI v. CONSORTI


234 A.D.2d 805 (1996)

651 N.Y.S.2d 238

In the Matter of Emidia Consorti, Respondent, v. Diane Consorti, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 19, 1996


White, J.

In November 1994, petitioner commenced an eviction proceeding against respondent, her daughter, in the Town of Marlborough Justice Court. On January 9, 1995, the Town Justice summarily granted the petition even though respondent had raised several affirmative defenses. Respondent filed an appeal with County Court on January 18, 1995, but failed to timely perfect it as required by 22 NYCRR 202.55 (a). As a result, on March 7, 1995, petitioner...

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