Hortensia Bradley v Martha James
Motion No: 2008-01877 KC
Slip Opinion No: 2009 NY Slip Op 78654(U)
Decided on July 20, 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS


PRESENT : WESTON, J.P., RIOS and STEINHARDT, JJ.


NO. 2008-1877 K C
HORTENSIA BRADLEY,

Respondent,

-against-


MARTHA JAMES,

Appellant.

DECISION

On the court's own motion, motion by respondent returnable May 27, 2009 and motion by appellant returnable June 12, 2009 are consolidated for purposes of disposition.

Motion by respondent to dismiss the appeal for failure to prosecute is denied and the appeal shall be perfected by September 4, 2009.

Motion by appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by September 4, 2009.

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.