| 333 E. 49th St. Partners, LP v Siebert, Marjorie |
| Motion No: 570706/07 |
| Slip Opinion No: 2008 NYSlipOp 62338(U) |
| Decided on January 30, 2008 |
| 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. |
January 30, 2008
333 E. 49th St. Partners, LP v Siebert, Marjorie
It is Ordered that the motion to dismiss the appeal from a judgment, dated July 10, 2007, is granted unless the appeal is argued or submitted by no later than March 12, 2008, so that the appeal may be noticed for the May 2008 term. In the event of appellant's failure to comply with the foregoing condition, the respondent may move on five days' notice for an order dismissing the appeal. ( see 22 NYCRR § 640.6 ) The cross-motion is granted only to the extent of permitting the appeal to proceed without the respondent's exhibits. The latter may submit any exhibits that become available to the Clerk of the Court prior to argument.
By: Davis, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570706/07