| Mary Cava v Samuel Pradiante & Pradiante Constr. Corp. |
| Motion No: 2009-01908 SC 10-13-2009 |
| Slip Opinion No: 2009 NY Slip Op 90093(U) |
| Decided on November 25, 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| MARY CAVA, Appellant, -and- MICHAEL CAVA, Plaintiff, -against- SAMUEL PRADIANTE and PRADIANTE CONSTRUCTION CORP., Respondents. |
DECISIONOn the court's own motion, the motion by respondents returnable September 25, 2009 and the motion by appellant returnable October 13, 2009 are consolidated for purposes of disposition.
Motion by appellant to file late opposition is granted and the opposing papers are deemed timely served and filed.
Motion by respondents to dismiss the appeal for failure to prosecute is denied, and the appeal shall be perfected by February 5, 2010.
Ordered that in the event the appeal is not perfected on or before February 5, 2010, the court, on its own motion, may dismiss the appeal, or the respondents may apply to dismiss the appeal on three days' notice, and may serve such application in person.