Warren Mcbride & Janice Mcbride v Eduardo Aragon & Valestin Hernandes, Individually & d/b/a Omj Limo
Motion No: 2009-01785 KC 09-23-2009
Slip Opinion No: 2009 NY Slip Op 87728(U)
Decided on October 30, 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 : PESCE, P.J., GOLIA and STEINHARDT, JJ.

NO. 2009-1785 K C
WARREN McBRIDE and JANICE McBRIDE,

Respondents,

-against-

EDUARDO ARAGON and VALESTIN HERNANDES,
Individually and d/b/a OMJ LIMO,

Appellants.

DECISION

Motion by respondents to dismiss appeal for failure to prosecute is denied, and the appeal shall be perfected by January 8, 2010.

Ordered that in the event the appeal is not perfected on or before January 8, 2010, the court on its own motion, may dismiss the appeal, or respondents may apply to dismiss the appeal on three days' notice, and may serve such application in person.