Robert Speller v Hamilton Ave. Auto Sales
Motion No: 2007-01349 KC
Slip Opinion No: 2007 NYSlipOp 86776(U)
Decided on December 18, 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 : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.

NO. 2007-1349 K C
ROBERT SPELLER,

Respondent,

-against-

HAMILTON AVENUE AUTO SALES,

Appellant.

DECISION

That branch of the motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by March 7, 2008.

That branch of the motion to stay release of the funds deposited with the court below is granted.

Ordered that in the event the appeal is not perfected on or before March 7, 2008, 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.