| RBP 45th Assoc. LLC v Fu, Joshua Jiaxin, et al. |
| Motion No: 570719/06 |
| Slip Opinion No: 2007 NYSlipOp 69073(U) |
| Decided on May 9, 2007 |
| Appellate Term, First 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. |
May 9, 2007
RBP 45th Assoc. LLC v Fu, Joshua Jiaxin, et al.
It is Ordered that the motion and cross-motion are consolidated for the purpose of disposition. In the event the appeals are not perfected by July 9, 2007, and noticed for the September 2007 term, the petitioner may move on five days' notice for an order dismissing the appeals for failure to diligently prosecute. The motion insofar as it seeks to dismiss the appeals as untimely is denied, without prejudice to raising the issue in the petitioner's answering briefs, if so advised.
By: McCooe, J.P., Schoenfeld, Klein Heitler, J.J.
Motion No. 570719/06