| Rowley Forrest O'donnell & Beaumont P.c. v Beechnut Nutrition Corporation |
| Motion No: 503653 |
| Slip Opinion No: 2007 NYSlipOp 87147(U) |
| Decided on December 13, 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: December 13,
2007
Case # 503653
ROWLEY, FORREST, O'DONNELL & BEAUMONT, P.C., Appellant, v Respondent. | DECISION AND ORDER ON MOTION |
Motion to dismiss appeal for failure of prosecution.
Cross motion for extension of time to perfect
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 appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before
January 28, 2008, in which event the motion is denied, and it is further
ORDERED that the cross motion is granted, without
costs, and the time to perfect the appeal is extended to January 28, 2008.
CARDONA, P.J., MERCURE, CARPINELLO,
LAHTINEN and KANE, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court