In the Matter of Daniel E. Mabie Sr. v Aimee E. O'dell Robert L. Estes Esq. As Law Guardian



In the Matter of Daniel E. Mabie Sr. v Aimee E. O'dell Robert L. Estes Esq. As Law Guardian
Motion No: 501837
Slip Opinion No: 2007 NYSlipOp 79461(U)
Decided on September 27, 2007
Appellate Division, Third 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.



Decided and Entered: September 27, 2007

Case # 501837


In the Matter of DANIEL E. MABIE SR.,

Respondent,

v
AIMEE E. O'DELL,

Respondent.
ROBERT L. ESTES, ESQ., as
Law Guardian,

Appellant.


DECISION AND ORDER
ON MOTION


Motion to dismiss appeal for failure of prosecution.

Cross motion for extension of time to perfect the appeal.

Upon the papers filed in support of the motion, and the papers filed in support of the cross motion, it is

ORDERED, that the motion to dismiss the appeal for failure of prosecution is denied, without costs, and it is further

ORDERED, that the cross motion is granted, without costs, and the time to perfect the appeal is extended to November 2, 2007.
CARDONA, P.J., CARPINELLO, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court