Pur Air Heating & a/c v Barbara Gazzigli

Pur Air Heating & a/c v Barbara Gazzigli

Motion No: 2007-01681 WC

Slip Opinion No: 2007 NYSlipOp 87283(U)

Decided on December 24, 2007

Appellate Term, Second 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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2007-1681 W C

PUR AIR HEATING and A/C,

Respondent,
-against-

BARBARA GAZZIGLI,

Appellant.

DECISION That branch of the motion by respondent to dismiss appeal for failure to prosecute is denied, and appeal shall be perfected by March 7, 2008.

That branch of the motion to release funds deposited with the court below is denied.

Ordered that in the event the appeal is not perfected on or before March 8, 2008, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.