David Gordon v Charles Brinkman, et al.

Motion No: 570612/07

Slip Opinion No: 2007 NYSlipOp 86418(U)

Decided on December 14, 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.

December 14, 2007

It is ordered that the motion to dismiss is granted unless the appeal is argued or submitted no later then the March 2008 term - filing deadline is Jan. 9, 2008. No further extension of time will be granted in this appeal from an order dated Apr. 6, 2007. In event of appellant's failure to comply with foregoing condition, respondents may renew this application, on five days' notice, for an order dismissing appeal. (see 22 NYCRR § 640.6) cross-motion is denied as untimely. (CPLR § 2215 & 2103[b][2])

Stipulation "So Ordered" adjourning the appeal to the February 2008 term of this Court.

By: Davis, J.P., Schoenfeld, Heitler, J.J.

Motion No. 570612/07