Cooper v Number 535 Park Ave.

Motion No: M-5355

Slip Opinion No: 2010 NY Slip Op 61479(U)

Decided on January 21, 2010

Appellate Division, 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.

January 21, 2010

Cooper v Number 535 Park Avenue

Dismissal of appeal from order entered on or about May 5, 2009 denied, without prejudice to addressing issue on appeal (M-5355). Plaintiff directed to file supplemental record on appeal, as indicated, without prejudice to objections on appeal to this Court's consideration of the June 8, 2009 order. Clerk directed to maintain appeal on calendar for hearing in the April 2010 Term (M-5747).

Before: Gonzalez, P.J., Mazzarelli, Saxe, Sweeny, Renwick, JJ.

Motion Nos. M-5355, M-5747