| In the Matter of the Estate of John R. Sims Deceased. Sue Nichols; John R. Sims Jr.. |
| Motion No: 503895 |
| Slip Opinion No: 2008 NYSlipOp 84874(U) |
| Decided on September 11, 2008 |
| Appellate Division, Third 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. |
Decided and Entered: September 11, 2008
Case #
503895
In the Matter of the Estate of JOHN R. SIMS, Deceased. SUE NICHOLS, Respondent; Appellant. | DECISION AND ORDER ON MOTION |
Motion for extension of time to perfect appeal.
Cross motion to dismiss appeal for failure of
prosecution.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto,
it is
ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to
perfect the appeal is extended to November 10, 2008, and it is further
ORDERED that the appeal is dismissed, without costs,
unless appellant shall file and serve his record on appeal and brief on or before November 10, 2008, in which event the cross motion
to dismiss the appeal is denied.
CARDONA, P.J., SPAIN, CARPINELLO, ROSE and KANE, JJ.,
concur.
ENTER:
Michael J. Novack
Clerk of the Court