| Rudolph Desimone v Auto Trade Corp. |
| Motion No: 2008-00891 ROC |
| Slip Opinion No: 2009 NYSlipOp 67396(U) |
| Decided on March 20, 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. |
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| RUDOLPH DESIMONE, Appellant, -against- AUTO TRADE CORP., Respondent. |
DECISION
On the court's own motion, motions by appellant and respondent with the return date of January 12, 2009, are hereby consolidated for purposes of disposition.
Motion by appellant for an enlargement of time to perfect the appeal is granted and appeal shall be perfected by May 1, 2009.
Motion by defendant to dismiss appeal is denied.
Ordered that in the event the appeal is not perfected on or before May 1, 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.