Gene Burshtein Enters. v Henry Calvin Sitorus
Motion No: 2008-02067 KC 12-12-2008
Slip Opinion No: 2009 NYSlipOp 62042(U)
Decided on January 21, 2009
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, 11th and 13th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.

NO. 2008-2067 K C
GENE BURSHTEIN ENTERPRISES,

Respondent,

-against-

HENRY CALVIN SITORUS,

Appellant.

DECISION

Motion by respondent to dismiss appeal for failure to prosecute is denied, and the appeal shall be perfected by April 3, 2009.

Ordered that in the event the appeal is not perfected on or before April 3, 2009, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.