| Orlando Santiago v N.D. Enters., Inc. & William A. Kreutzer |
| Motion No: 2007-00768 KC 06-22-2007 |
| Slip Opinion No: 2007 NYSlipOp 73673(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.
| ORLANDO SANTIAGO, Respondent, -against- N.D. ENTERPRISES, INC. and WILLIAM A. KREUTZER, Appellants. |
The above named appellants having appealed to this court from a JUDGMENT of the CIVIL COURT, CITY OF NEW YORK, KINGS COUNTY entered on JULY 12, 2006, and the RESPONDENT having moved this court by notice of motion returnable JUNE 22, 2007 to DISMISS THE APPEAL FOR FAILURE TO PROSECUTE and said motion 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 by respondent to dismiss appeal for failure to prosecute is denied, and the appeal shall be perfected by appellants 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