John Briggs et v Andrew J. Chapman et and Alpha & Omega Outfitters LLC

Motion No: 503966

Slip Opinion No: 2008 NYSlipOp 63125(U)

Decided on January 31, 2008

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: January 31, 2008

Case # 503966

JOHN BRIGGS et al., Respondents, v ANDREW J. CHAPMAN et al., Defendants, and ALPHA & OMEGA OUTFITTERS, LLC, Appellant.

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 March 17, 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 March 17, 2008.
CARDONA, P.J., PETERS, SPAIN, ROSE and LAHTINEN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court