| Licorish, Nicola M., Executor/Est./Licorish, Rev. David v Nor-Win Realty Corp., et al. |
| Motion No: 570376/06 |
| Slip Opinion No: 2006 NYSlipOp 72541(U) |
| Decided on July 25, 2006 |
| Appellate Term, First 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. |
July 25, 2006
Licorish, Nicola M., Executor/Est./Licorish, Rev. David v Nor-Win Realty Corp., et al.
It is Ordered that the motion to dismiss the appeal for failure to timely perfect is denied. The appeal has been perfected for the September 2006 term. The respondent's answering briefs are to be served and filed by August 7, 2006. Reply briefs, if any, are to be served and filed by August 14, 2006. [cal # 06-257] The motion insofar as it seeks to have funds, presently held by the Sheriff, released to the plaintiff herein, is denied without prejudice to renew in the trial court. The court notes that the appellant has belatedly posted an undertaking in this proceeding.
By: McCooe, J.P., Davis, Gangel-Jacob, JJ.
Motion No. 570376/06