Hal Gorta v Heidie Giannotti & Janet Avgikos

Hal Gorta v Heidie Giannotti & Janet Avgikos

Motion No: 2005-01901 orc 01-10-2006

Slip Opinion No: 2006 NYSlipOp 63512(U)

Decided on February 16, 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. 2005-1901 OR C

HAL GORTA,

Appellant,

-against-

HEIDIE GIANNOTTI
and JANET AVGIKOS,

Respondents.

DECISION

That branch of the motion by respondents seeking to dismiss appeal as untimely taken is denied.

That branch of the motion seeking to dismiss appeal for failure to prosecute is denied on condition that the appeal is perfected by May 5, 2006; otherwise said branch of motion is granted and appeal is dismissed.