| Sutton Place Mgt. Co. v Rainey, Mary Jane, et al. |
| Motion No: 570696/07 |
| Slip Opinion No: 2007 NYSlipOp 84932(U) |
| Decided on December 3, 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. |
December 3, 2007
Sutton Place Mgt. Co. v Rainey, Mary Jane, et al.
It is Ordered that the motion to vacate the dismissal of the appeal, previously granted on default, is hereby granted. The appeal is re-instated on condition that it is perfected by no later than the March 2008 term - the filing deadline is January 9, 2008. In the event the appeal is not perfected by said date, the respondent may renew, on five days' notice, her application to dismiss the appeal for failure to diligently prosecute.
By: Davis, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570696/07