| 709 Rte. 52, Inc. v Michael Delcastillo d/b/a Mike's Auto Accessories, Tenant, -and- Vicki Calder |
| Motion No: 2007-01364 DC |
| Slip Opinion No: 2009 NY Slip Op 86390(U) |
| Decided on October 19, 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| 709 ROUTE 52, INC., Respondent, -against- MICHAEL DELCASTILLO d/b/a MIKE'S AUTO ACCESSORIES, Tenant, -and- VICKI CALDER, Appellant. |
DECISION
That branch of the motion by landlord-respondent seeking to vacate the decision and order of this court dated June 29, 2009 is granted.
That branch of the motion seeking to direct tenant-appellant Vicki Calder to serve a copy of her brief upon respondent is granted and tenant-appellant shall serve a copy of her appellant's brief, which was submitted to this court on June 6, 2008, on respondent's counsel, William A. Shilling, Jr., P.C., at 105 Gleneida Avenue, Carmel, New York 10512, within 14 days of the date of this order.
That branch of the motion seeking leave to submit a respondent's brief is granted and landlord-respondent shall serve and file a respondent's brief within 21 days of the service of tenant-appellant's brief.
Tenant-appellant, if she be so advised, may serve and file a reply brief within 14 days of the filing of the respondent's brief.