| Golden Eagle Contr., Inc. v Gina Ehrlich As Ex'x of Estate of Sofia Cornea a/k/a Sofia Muntean |
| Motion No: 2009-00651 SC |
| Slip Opinion No: 2009 NY Slip Op 76840(U) |
| Decided on June 23, 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
| GOLDEN EAGLE CONTRACTING, INC., Respondent, -against- GINA EHRLICH AS EXECUTRIX OF THE ESTATE OF SOFIA CORNEA a/k/a SOFIA MUNTEAN, Appellant. |
DECISION On the court's own motion, motion by respondent returnable April 22, 2009 and motion by appellant returnable May 18, 2009, are consolidated for purposes of disposition.
Motion by appellant to file late opposition is granted.
That branch of the motion by respondent to dismiss the appeal for failure to prosecute is denied and the appeal shall be perfected by September 4, 2009.
That branch of the motion to release funds deposited in the court below is denied.
Ordered that in the event the appeal is not perfected on or before September 4, 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.
Scheinkman, J., taking no part.