Kirian Cowsert Individually and as Parent and Guardian of Elia Cowsert an Infant v Macy's East Inc. et

Motion No: 507941

Slip Opinion No: 2009 NY Slip Op 87972(U)

Decided on November 2, 2009

Appellate Division, Third 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.

Decided and Entered: November 2, 2009

Case # 507941

KIRIAN COWSERT, Individually and as Parent and Guardian of ELIA COWSERT, an Infant, Appellant, v MACY'S EAST, INC., et al., Respondents.

DECISION AND ORDER ON MOTION

Motions to dismiss appeal for failure of prosecution.

Cross motion for extension of time to perfect appeal.

Upon the papers filed in support of the motions and the papers filed in support of the cross motion, it is

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before December 17, 2009, in which event the motions are denied, and it is further

ORDERED that the cross motion is granted, without costs, and the time to perfect the appeal is extended to December 17, 2009.
MERCURE, J.P., SPAIN, LAHTINEN, KANE and MALONE JR., JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court