Centrebrook Apts. Co. LLC v Dominic Ancona
Motion No: 2006-01180 nc
Slip Opinion No: 2006 NYSlipOp 74784(U)
Decided on August 30, 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 LIPPMAN, JJ.

NO. 2006-1180 N C
CENTREBROOK APARTMENTS COMPANY LLC,

Respondent,

-against-

DOMINIC ANCONA,

Appellant.

DECISION

Motion by respondent to dismiss appeal for failure to prosecute is denied, and the appeal shall be perfected by appellant by November 3, 2006.

Ordered that in the event the appeal is not perfected on or before November 3, 2006, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.