Daniels v. Donohue

In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Kings County (Landicino, J.), dated July 5, 2013, which granted the defendants’ motion pursuant to CPLR 3211 (a) to dismiss the amended complaint and denied, as academic, her cross motion, inter alia, for leave to file a late notice of claim.

Ordered that the appeal is dismissed, with costs, for failure to perfect the same in accordance with the CPLR and the rules of this Court (see CPLR 5528 [a] [5]; 22 NYCRR 670.10-b [c] [1]).

“An appellant who perfects an appeal by using the…