Paul H. Citrin & Shoshana Citrin v Edmund Ebrani

Paul H. Citrin & Shoshana Citrin v Edmund Ebrani

Motion No: 2006-01299 NC

Slip Opinion No: 2006 NYSlipOp 77022(U)

Decided on September 19, 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. 2006-1299 N C

PAUL H. CITRIN & SHOSHANA CITRIN,

Respondents,

-against-

EDMUND EBRANI,

Appellant.

DECISION

Motion by respondents to dismiss appeal for failure to prosecute is denied, and the appeal shall be perfected by appellant by December 1, 2006.

Ordered that in the event the appeal is not perfected on or before December 1, 2006, the court on its own motion, may dismiss the appeal, or the respondents may apply to dismiss the appeal on three days' notice, and may serve such application in person.