101 S. Third St. Redevelopment Assoc. v Henry Gaudsmith
Motion No: 2007-01210 KC
Slip Opinion No: 2008 NYSlipOp 61105(U)
Decided on January 3, 2008
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. 2007-1210 K C
101 SOUTH THIRD STREET REDEVELOPMENT ASSOCIATES,

Respondent,

-against-

HENRY GAUDSMITH,

Appellant.

DECISION

On the court's own motion, motion by landlord-respondent to vacate stay and motion by tenant-appellant to discharge his guardian ad litem are consolidated for purposes of disposition.

Motion by landlord-respondent to vacate stay contained in order of this court dated September 6, 2007 granted.

Motion by tenant-appellant to discharge his guardian ad litem denied.

On the court's own motion, the appeal is stricken from the general calendar.

Upon consideration of all the papers submitted, including those submitted by tenant personally, it is our view that the stay should be vacated and tenant's motion to discharge his guardian ad litem denied. The appeal is stricken from the general calendar because the transcript of trial is not included in the record (see CCA 1704 [a]).