| Mark Hokula v Pride Mobility Products Corporation et |
| Motion No: 505299 |
| Slip Opinion No: 2008 NYSlipOp 88463(U) |
| Decided on October 27, 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: October 27, 2008
Case # 505299
MARK HOKULA, Appellant, v Respondents. | DECISION AND ORDER ON MOTION |
Motion to dismiss appeal as a nullity or, in the alternative, for failure of prosecution.
Cross motion for
extension of time to perfect appeal.
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 to dismiss the appeal as a nullity is denied, without costs, and without prejudice to
the issue involved being raised upon the argument of the appeal, 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 December 1, 2008, in which event the motion to dismiss the
appeal for failure of prosecution is denied, without costs, and it is further
ORDERED that the cross motion for an extension of time to
perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to December 1, 2008.
CARDONA, P.J., SPAIN,
CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the
Court