| 481 Crown, LLC v Charles Gosling, Tenant, Yitzhok Spalter |
| Motion No: 2010-01990 kc |
| Slip Opinion No: 2011 NY Slip Op 77494(U) |
| Decided on June 24, 2011 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| 481 Crown, LLC, Respondent, v Charles Gosling, Tenant, Yitzhok Spalter, Appellant. |
Motion by appellant to vacate a decision and order of this court dated March 23, 2011, which struck from the general calendar an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 13, 2010, for leave to re-file his brief, and to restore the appeal to the general calendar.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate this court's decision and order dated March 23, 2011 is denied; and it is further,
ORDERED that the remainder of the motion is denied as premature.
The appeal will be restored to the general calendar once the entire record on appeal, including the settled transcript, has been transmitted to this court.
ENTER:
Paul Kenny
Chief Clerk