| Bishop S.C. Madison, et al. v 125th St. Record Shack, et al. |
| Motion No: 570414/08 |
| Slip Opinion No: 2008 NYSlipOp 77574(U) |
| Decided on July 14, 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. |
July 14, 2008
Bishop S.C. Madison, et al. v 125th St. Record Shack, et al.
It is Ordered that the motion to dismiss is granted unless the appeal is perfected by no later than the October 2008 term - the filing deadline is August 13, 2008. In the event of appellants' failure to comply with the foregoing condition, the respondent may move on five days' notice for an order dismissing the appeal. The papers submitted as cross-motion, not having been timely served, were considered solely in opposition to th e motion. ( see CPLR § 2215 and 2103[b][2] )
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570414/08