Neilan Stern v Laurence Levine

Neilan Stern v Laurence Levine

Motion No: 2008-00040 KC

Slip Opinion No: 2008 NYSlipOp 66717(U)

Decided on March 3, 2008

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 : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.

NO. 2008-40 K C

NEILAN STERN,

Appellant,

-against-

LAURENCE LEVINE,

Respondent.

DECISION

Motion by respondent to dismiss appeal for failure to prosecute is denied, and appeal shall be perfected by appellant by May 2, 2008.

Cross motion by appellant, in essence, for an enlargement of time to perfect appeal is granted and appeal shall be perfected by May 2, 2008.

Ordered that in the event the appeal is not perfected on or before May 2, 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.