Francis Durkee v Raymond Renaud.

Motion No: 505209

Slip Opinion No: 2008 NYSlipOp 88491(U)

Decided on October 29, 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 29, 2008

Case # 505209

FRANCIS DURKEE, Appellant, v RAYMOND RENAUD, Respondent.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal 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 appeal is dismissed, without costs, unless appellant shall file and serve his record on appeal and brief on or before December 29, 2008, in which event the motion to dismiss the appeal is denied, 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 29, 2008.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court