Gene Rubin v Althea Reiff

Gene Rubin v Althea Reiff

Motion No: 2007-00387 ROC

Slip Opinion No: 2007 NYSlipOp 72621(U)

Decided on June 21, 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 : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2007-387 RO C

GENE RUBIN,

Appellant,

-against-

ALTHEA REIFF,

Respondent.

DECISION

Motion by respondent to dismiss appeal for failure to prosecute is denied and appeal shall be perfected by appellant by September 7, 2007.

Cross motion by appellant to deny respondent's motion to dismiss appeal is denied.

Ordered that in the event the appeal is not perfected on or before September 7, 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.