| Davis, Stephanie v Djoumande, Djiba, et al. |
| Motion No: 570087/08 |
| Slip Opinion No: 2008 NYSlipOp 65756(U) |
| Decided on March 7, 2008 |
| 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. |
March 7, 2008
Davis, Stephanie v Djoumande, Djiba, et al.
It is Ordered that the motion to dismiss the appeal for failure to diligently prosecute is denied, without prejudice to renew in the event the appeal is not perfected by the June 2008 term. The filing deadline is April 8, 2008. The cross-motion to dismiss on the ground that the "appellant" is not an aggrieved party, pursuant to CPLR § 5511, is denied, without prejudice to raising the issue in the answering briefs on the appeal.
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570087/08