| Midwood Doors & Windows v Kristina Tran. |
| Motion No: 2008-00965 KC |
| Slip Opinion No: 2008 NYSlipOp 78389(U) |
| Decided on July 7, 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| MIDWOOD DOORS & WINDOWS, Respondent, -against- KRISTINA TRAN. Appellant. |
DECISION
Motion by respondent to dismiss appeal for failure to prosecute is denied, and appeal shall be perfected by appellant by October 3, 2008.
That branch of the cross motion by appellant for an order of summary reversal is denied and appellant, if she be so advised, may move to reconstruct the proceedings pursuant to CPLR 5525 (d).
That branch of the cross motion to consolidate the appeals from the judgment dated November 1, 2007 and the order dated January 2, 2008, is granted and the appeals are hereby consolidated.
Ordered that in the event the consolidated appeal is not perfected on or before October 3, 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.