| Martinez, Gloria v Olonrewaju, Nelson |
| Motion No: 570579/08 |
| Slip Opinion No: 2008 NYSlipOp 85353(U) |
| Decided on October 3, 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. |
October 3, 2008
Martinez, Gloria v Olonrewaju, Nelson
It is Ordered that the motion is granted. The dismissal order is vacated and the appeal is re-instated on condition that the briefs and Notice of Argument are served and filed by November 12, 2008, in order to be on the January 2009 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.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570579/08