| 518 E. 13th Owner LLC v Ellis, Stephen |
| Motion No: 570726/08 |
| Slip Opinion No: 2008 NYSlipOp 92852(U) |
| Decided on December 23, 2008 |
| Appellate Term, First 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. |
December 23, 2008
518 E. 13th Owner LLC v Ellis, Stephen
It is Ordered that the motion to dismiss for failure to prosecute is granted unless the appellant perfects the appeal by no later than the May 2009 term - the filing deadline is March 10, 2009. In the event of appellant's failure to comply with the foregoing condition, the respondent may move on five days' notice for an order dismissing the appeal. The motion insofar as it seeks to dismiss the appeal as moot is denied, without prejudice to raising that argument in the respondent's answering brief.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570726/08