Robert & Shirley Klurfeld v Jerry Schulman
Motion No: 2006-00261 roc
Slip Opinion No: 2006 NYSlipOp 68051(U)
Decided on May 4, 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., TANENBAUM and LIPPMAN, JJ.

NO. 2006-261 RO C
ROBERT and SHIRLEY KLURFELD,

Respondents,

-against-

JERRY SCHULMAN,

Appellant.

DECISION

Motion by plaintiffs-respondents to dismiss appeal for failure to prosecute is denied without prejudice to renewal upon proper notice.

Movant made the motion returnable the same date as service rather than 13 days after service (CPLR 2214[b], 2103[b][2]). In addition, the affidavit of service is sworn and notarized on February 17, 2006, prior to the purported date of service.