Jon Foster v Best Buy
Motion No: 2005-01948 roc
Slip Opinion No: 2006 NYSlipOp 63501(U)
Decided on February 15, 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., ANGIOLILLO and McCABE, JJ.

NO. 2005-1948 RO C
JON FOSTER,

Respondent,

-against-

BEST BUY,

Appellant.

DECISION

Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is denied on condition that the appeal is perfected by May 5, 2006; otherwise motion granted and

appeal dismissed.