| Burke, Ernest v Riverbay Corp. |
| Motion No: 570470/09 |
| Slip Opinion No: 2009 NY Slip Op 77344(U) |
| Decided on July 8, 2009 |
| Appellate Term, First 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. |
July 8, 2009
Burke, Ernest v Riverbay Corp.
It is Ordered that the motion to dismiss is granted unless the appellant perfects the appeal for the October 2009 term - the filing deadline is August 10, 2009. In the event of appellant's failure to comply with the foregoing condition, plaintiff may move on five days' notice for an order dismissing the appeal and releasing the funds to the plaintiff.
By: McKeon, P.J., Heitler, Shulman, J.J.
Motion No. 570470/09