Julius Bailey v jsl/huntington Agency, Inc. d/b/a Dcap Huntington Inc.
Motion No: 2005-01876 SC
Slip Opinion No: 2006 NYSlipOp 75673(U)
Decided on September 14, 2006
Appellate Term, Second 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT: RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ.

NO. 2005-1876 S C
JULIUS BAILEY,

Appellant,

-against-


JSL/HUNTINGTON AGENCY, INC.
D/B/A DCAP HUNTINGTON INC.,

Respondent.

DECISION

Motion by appellant seeking, in essence, to vacate dismissal of the appeal is granted and appeal shall be perfected by December 1, 2006.

Ordered that in the event the appeal is not perfected on or before December 1, 2006, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.