101 S. Third St. Redevelopment Assoc. v Henry Gaudsmith
Motion No: 2007-01210 KC
Slip Opinion No: 2007 NYSlipOp 83677(U)
Decided on November 7, 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 : 2nd and 11th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., RIOS and BELEN, JJ.


NO. 2007-1210 K C
101 SOUTH THIRD STREET
REDEVELOPMENT ASSOCIATES,

Respondent,

-against-


HENRY GAUDSMITH,

Appellant.

DECISION

On the court's own motion, tenant-appellant's time to serve and file opposition to landlord-respondent's motion returnable October 10, 2007 is enlarged to 10 days from the date of the order hereon. Landlord-respondent may, if it be so advised, serve and file reply papers within five days after the opposition papers are due to be filed with this court.

Although tenant-appellant has personally submitted purported opposition to landlord-respondent's motion, a party represented by a guardian ad litem must appear by his guardian (see CPLR 1201). Accordingly, tenant-appellant's time to serve and file opposition to landlord's motion is enlarged as set forth above, during which time tenant's guardian ad litem shall cause opposition to the motion to be served and filed.