Daniel Phillipson v Tracy Spells
Motion No: 2007-00786 ROC
Slip Opinion No: 2007 NYSlipOp 80918(U)
Decided on September 28, 2007
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., McCABE and TANENBAUM, JJ.

NO. 2007-786 RO C
DANIEL PHILLIPSON,

Respondent,

-against-

TRACY SPELLS,

Appellant.

DECISION

Motion by landlord-respondent to vacate the stay is denied without prejudice to renewal upon proper notice.

It appears from the affidavit of service that the motion papers were mailed to the wrong address (see CPLR 2103 [b] [5]).