| Matter of Teamsters Local 814 Welfare, Pension and Annuity |
| Motion No: 2007-08639 |
| Slip Opinion No: 2008 NYSlipOp 79361(U) |
| Decided on August 4, 2008 |
| Appellate Division, 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 Division: Second Judicial Department
M74035
S/sl
ROBERT A. LIFSON, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2007-08639 In the Matter of Teamsters Local 814 Welfare, Pension and Annuity Funds, etc., respondent, v County Van Lines, Inc., appellant. (Index No. 21225/06)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the Supreme Court, Queens County, entered April 30, 2007. By decision and order on motion dated May 6, 2008, page 3 of the record on appeal was stricken and on or before May 26, 2008, the appellant was directed to replace that page with a correct copy of the notice of entry for the order entered April 30, 2007, in the copies of the record on appeal filed with the Clerk of the court. The appellant has not complied with the decision and order on motion dated May 6, 2008. By order to show cause dated July 11, 2008, the parties to the appeal were directed to show cause why an order should or should not be made and entered dismissing the above-entitled appeal based on the appellant's failure to comply with the decision and order on motion dated May 6, 2008.
Upon the court's own motion and upon the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the appellant's time to comply with the order dated May 6, 2008, is enlarged until August 15, 2008.
LIFSON, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court