| Southbridge Towers, Inc. v Pion, Jodi, et al. |
| Motion No: 570757/08 |
| Slip Opinion No: 2009 NY Slip Op 72434(U) |
| Decided on May 14, 2009 |
| 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. |
May 14, 2009
Southbridge Towers, Inc. v Pion, Jodi, et al.
It is Ordered that the motion to dismiss is granted unless the appeal is argued or submitted at the September 2009 term. In the event of appellants' failure to comply with the foregoing condition, the petitioner-respondent may move on five days' notice for an order dismissing the appeal. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. ( see CPLR § 2215 and 2103[b][2] ).
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570757/08