332 WEST 47TH STREET ASSOCIATES v. BUXO (2024)

Supreme Court, Appellate Term, New York,

332-4 WEST 47TH STREET ASSOCIATES L.P., Petitioner-Landlord-Respondent, v. Jeannie BUXO and Oxana Nabokova, Respondents-Tenants-Appellants.

570162 /22

Decided: February 21, 2024

PRESENT: Hagler, P.J., Brigantti, Perez, JJ.

Order (Travis J. Arrindell, J.), dated May 17, 2023, affirmed, with $10 costs. Appeal from final judgment (Clifton A. Nembhard, J.), dated November 30, 2020, dismissed, without costs.

Tenants' motion, pursuant to CPLR 321(c), to vacate all actions in this proceeding subsequent to November 30, 2020, on the ground that their prior counsel was “mentally incapacitated” was properly denied. The claimed disability of prior tenants' counsel “is unsupported by any medical proof and, in the absence of the requisite proof of the disability, we find that CPLR 321(c) is not applicable” (Matter of Plaro Estates, Inc. v Assessor, 101 AD3d 886, 888 [2012]; see Winney v County of Saratoga, 252 AD2d 882, 883 [1988]).

Tenants' appeal from the final judgment is barred by the prior order of this Court dismissing that appeal as untimely (332-4 W.47th St. Assoc., LP v Buxo, Jeannie & Nabokova, Oxana, 2022 NY Slip Op 66396[U][App Term, 1st Dept 2022]; see Katz Park Ave. Corp. v Jagger, 98 AD3d 921 [2012]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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