Vladimir Garber v New Idea By S.E.P. Inc.
Motion No: 2007-00296 KC
Slip Opinion No: 2007 NYSlipOp 68849(U)
Decided on April 30, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., WESTON PATTERSON and RIOS, JJ.


NO. 2007-296 K C
VLADIMIR GARBER,

Respondent,

-against-

NEW IDEA BY S.E.P. INC.,

Appellant.

DECISION

On the court's own motion, motion by respondent returnable March 8, 2007 and motion by appellant returnable March 22, 2007, are consolidated for purposes of disposition.

Motion by appellant to file late opposition is granted.

Motion by respondent to dismiss appeal for failure to prosecute is denied, and the appeal shall be perfected by appellant by June 1, 2007.

Ordered that in the event the appeal is not perfected on or before June 1, 2007, 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.