Richard Bocchiano v Dial 7 Transp., Inc.

Richard Bocchiano v Dial 7 Transp., Inc.

Motion No: 2008-01408 KC

Slip Opinion No: 2008 NYSlipOp 87364(U)

Decided on October 23, 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., RIOS and STEINHARDT, JJ.

NO. 2008-1408 K C

RICHARD BOCCHIANO,

Respondent,

-against-

DIAL 7 TRANSPORTATION, INC.,

Appellant.

DECISION

Motion by respondent to dismiss appeal for failure to prosecute is denied, and the appeal shall be perfected by appellant by January 2, 2009.

Ordered that in the event the appeal is not perfected on or before January 2, 2009, the court on its own motion, may dismiss the appeal, or the respondents may apply to dismiss the appeal on three days' notice, and may serve such application in person.