Earth Rite Landscaping v Edward Caballero
Motion No: 2008-00285 SC
Slip Opinion No: 2009 NYSlipOp 67395(U)
Decided on March 20, 2009
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., TANENBAUM and LaCAVA, JJ.

NO. 2008-285 S C
EARTH RITE LANDSCAPING,

Respondent,

-against-

EDWARD CABALLERO,

Appellant.

DECISION

Motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by May 1, 2009.

Ordered that in the event the appeal is not perfected on or before May 1, 2009, 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.