| Aquarius Painting Corp v Goodman, Marsha |
| Motion No: 570304/06 |
| Slip Opinion No: 2007 NYSlipOp 76688(U) |
| Decided on September 4, 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. |
September 4, 2007
Aquarius Painting Corp v Goodman, Marsha
It is Ordered that the motion to vacate the dismissal of the appeal is denied. The Notice of Appeal was filed three (3) years ago and was dismissed one year ago for failure to diligently prosecute, by an order upon motion, dated September 6, 2006. Accordingly, the appellant's belated motion to re-instate this stale appeal is denied. ( see 22 NYCRR § 640.6 )
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570304/06