Staci B. Alderman v William B. Mcdonald Jr.

Motion No: 506387

Slip Opinion No: 2009 NY Slip Op 70470(U)

Decided on April 10, 2009

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: April 10, 2009

Case # 506387

STACI B. ALDERMAN, Appellant, v WILLIAM B. McDONALD JR., Respondent.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal pursuant to CPLR 5513 (a) is denied, without costs, and it is further

ORDERED that the motion to dismiss the appeal pursuant to CPLR 5515 (1) and for failure to file a precalendar statement is denied, without costs, upon the condition that appellant serve the notice of appeal and precalendar statement upon respondent's attorney and file the precalendar statement with the Clerk of the Court of original instance on or before April 27, 2009 (see CPLR 5520), and it is further

ORDERED that the motion to dismiss the appeal for failure of prosecution pursuant to 22 NYCRR 800.9 is granted, without costs, and the appeal is dismissed unless appellant shall file and serve the record and brief on or before June 9, 2009, in which event the motion is denied.
MERCURE, J.P., SPAIN, KANE, McCARTHY and GARRY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court