Betsy G. Ennis-short et v Aida Ostapeck Individually and Doing Business as Aida's Place

Motion No: 506693

Slip Opinion No: 2009 NY Slip Op 71938(U)

Decided on May 5, 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: May 5, 2009

Case # 506693

BETSY G. ENNIS-SHORT et al., Respondents, v AIDA OSTAPECK, Individually and Doing Business as AIDA'S PLACE, Appellant.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution.

Cross motion for extension of time to perfect appeal.

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

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before June 4, 2009, in which event the motion is denied, and it is further

ORDERED that the cross motion is granted, without costs, and the time to perfect the appeal is extended to June 4, 2009.
CARDONA, P.J., MERCURE, PETERS, SPAIN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court