Dr. Lawrence klein/gallery Foot Care As Successor To Metrotech v Larry Warren & Yvette Warren
Motion No: 2007-01758 KC
Slip Opinion No: 2008 NYSlipOp 61109(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. 2007-1758 K C
DR. LAWRENCE KLEIN/GALLERY FOOT CARE
as successor to METROTECH,

Respondent,

-against-

LARRY WARREN and YVETTE WARREN,

Defendants,

-and-

ALLEN M. ROSENTHAL,

Appellant.

DECISION

Motion by third-party defendant-appellant for a stay of trial pending the determination of the appeal is granted on condition that appellant perfects the appeal by March 7, 2008.

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 respondents may apply to dismiss the appeal on three days' notice, and may serve such application in person.