Earth Rite Landscaping v Edward Caballero
Motion No: 2008-00285 SC 07-22-2008
Slip Opinion No: 2008 NYSlipOp 84341(U)
Decided on September 25, 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: 9th and10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.

NO. 2008-285 S C
EARTH RITE LANDSCAPING,

Respondent,

-against-

EDWARD CABALLERO,

Appellant.

DECISION

That branch of the motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by December 5, 2008.

That branch of the motion for a stay pending appeal is denied as academic (see CPLR 5519 [a] [2).

Ordered that in the event the appeal is not perfected on or before December 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.