| Rafael Ventura & Ceasar Ventura, Infants By Their Mother & Natural Guardian, Altagracia Ventura & Altagracia Ventura, Individually v Malachai Fischer |
| Motion No: 2006-01298 KC |
| Slip Opinion No: 2007 NYSlipOp 63198(U) |
| Decided on February 6, 2007 |
| 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| RAFAEL VENTURA and CEASAR VENTURA, Infants by their Mother and Natural Guardian, ALTAGRACIA VENTURA and ALTAGRACIA VENTURA, Individually , Respondents, -against- MALACHAI FISCHER, Appellant. |
DECISION
On the court's own motion, motion by respondents returnable December 13, 2006, and motion by appellant and cross motion by respondents returnable December 20, 2006, are hereby consolidated for purposes of disposition.
Motion and cross motion by respondents to dismiss the appeal for failure to prosecute or in the alternative to strike a portion of the file on appeal is denied with leave to respondent, if so advised, to raise the issue upon appeal of whether certain papers should be deemed dehors the record.
Motion by appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by April 6, 2007.
Ordered that in the event the appeal is not perfected on or before April 6, 2007, 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.
This court will not, in any event, consider matters dehors the record.