| Duane Reade v Variety at White Plains Rd., et al. |
| Motion No: 570591/07 |
| Slip Opinion No: 2007 NYSlipOp 77086(U) |
| Decided on September 10, 2007 |
| 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. |
September 10, 2007
Duane Reade v Variety at White Plains Rd., et al.
It is Ordered that the motion to dismiss is granted unless the appeal is perfected by the December 2007 term. The filing deadline is October 10, 2007. In the event of appellant's failure to comply with the foregoing condition, the respondent may move on five days' notice for an order dismissing the appeal.
By: McCooe, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570591/07