| Messer, Susan v Godo, Alex |
| Motion No: 570627/09 |
| Slip Opinion No: 2009 NY Slip Op 83852(U) |
| Decided on September 23, 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. |
September 23, 2009
Messer, Susan v Godo, Alex
It is Ordered that the motion to dismiss the appeals for failure to prosecute is granted unless they are perfected by no later than the January 2009 term - the filing deadline is November 10, 2009. In the event of appellant's failure to comply with the foregoing condition, the respondent may move on five days' notice for an order dismissing the appeals. The motion to dismiss the appeal of the August 10, 2009 Civil Court order as non-appealable is denied, without prejudice to raising the issue in the answering brief on the perfected appeal.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570627/09