Robert B. Roden v Dan's Papers, Inc.
Motion No: 2005-01680 sc
Slip Opinion No: 2006 NYSlipOp 61505(U)
Decided on January 12, 2006
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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2005-1680 S C
ROBERT B. RODEN,

Respondent,

-against-

DAN'S PAPERS, INC.,

Appellant.

DECISION

Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is denied on condition that the appeal is perfected by March 3, 2006; otherwise motion granted and appeal dismissed.