| Gordon, David v Brinkman, Charles, et al. |
| Motion No: 570612/07 |
| Slip Opinion No: 2007 NYSlipOp 77580(U) |
| Decided on September 12, 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 12, 2007
Gordon, David v Brinkman, Charles, et al.
It is Ordered that the motion and cross motion are consolidated for disposition. In the event the appeal is not perfected by the January 2008 term - the filing deadline is November 14, 2007, the respondents may move on five days' notice for an order dismissing the appeal for failure to diligently prosecute . [ see 22 NYCRR § 640.6 ].
By: McCooe, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570612/07