Richard Jones v Gerald G. Wright
Motion No: 2008-00434 NC
Slip Opinion No: 2009 NYSlipOp 70209(U)
Decided on April 14, 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 : 9th and 10th JUDICIAL DISTRICTS


PRESENT : RUDOLPH, P.J., SCHEINKMAN and LaCAVA, JJ.


NO. 2008-434 N C
RICHARD JONES,

Appellant,

-against-

GERALD G. WRIGHT,

Respondent.

DECISION

On the court's own motion, motions by appellant and respondent are consolidated for purposes of disposition.

Motion by respondent to file late opposition is granted.

Motion by appellant to file a late reply is granted.

Motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by June 5, 2009.

Ordered that in the event the appeal is not perfected on or before June 5, 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.