| Laine Sholom v Zacharia Gabi |
| Motion No: 2006-01717 KC 06-21-2007 |
| Slip Opinion No: 2007 NYSlipOp 73661(U) |
| Decided on July 11, 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. |
of the State of New York for the 2nd & 11th Judicial Districts
JULY 11, 2007
HON. MICHAEL L. PESCE, P.J.
HON. MICHELLE WESTON PATTERSON
HON. ARIEL E. BELEN, JJ.
| LAINE SHOLOM, Respondent, -against- ZACHARIA GABI, Respondent, -and- EHUD ZACHARIA, Non-Party Appellant. |
The above named appellant having appealed to this court from an ORDER of the CIVIL COURT, CITY OF NEW YORK, KINGS COUNTY entered on OCTOBER 12, 2006, and the APPELLANT having moved this court by notice of motion returnable JUNE 21, 2007 to ENLARGE THE TIME TO PERFECT THE APPEAL and the RESPONDENT ( LAINE SHOLOM) having cross-moved to DISMISS THE APPEAL and said motions having duly come on to be heard;
Now, on reading the papers filed in support of said motion and the papers filed in opposition thereto, and due deliberation having been had thereon, it is,
ORDERED that the motion for an enlargement of time to perfect appeal is granted and the appeal shall be perfected by October 5, 2007; and it is further,
ORDERED that the cross motion to dismiss appeal for failure to prosecute is denied, and the appeal shall be perfected by appellant by October 5, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 5, 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.
HON. MICHAEL L. PESCE
PRESIDING JUSTICE
Appellate Term