Gottlieb v Sands of Time Estates, LLC
Motion No: 2011-05550
Slip Opinion No: 2011 NY Slip Op 81069(U)
Decided on August 16, 2011
Appellate Division, 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 Division: Second Judicial Department

M124523

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2011-05550

Eric Gottlieb, appellant,

v Sands of Time Estates, LLC, respondent.

(Index No. 18668/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered May 6, 2011, for failure to file a RADI form and on the ground that it has been rendered academic, or, in the alternative, to direct the appellant to post an undertaking.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court