Starrett City, Inc. v Pamela Smith

Starrett City, Inc. v Pamela Smith

Motion No: 2007-01612 KC

Slip Opinion No: 2008 NYSlipOp 80932(U)

Decided on July 31, 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 : RIOS, J.P., PESCE and GOLIA, JJ.

NO. 2007-1612 K C

STARRETT CITY, INC.,

Respondent,

-against-

PAMELA SMITH,

Appellant,

-and-

"JOHN DOE"/ "JANE DOE",

Undertenants.

DECISIONMotion by appellant seeking, in essence, to vacate dismissal of the appeal is granted and appeal shall be perfected by September 5, 2008.

Ordered that in the event the appeal is not perfected on or before September 5, 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.