Efrom Gross, Esq. v Lawrence Katz, Esq.

Efrom Gross, Esq. v Lawrence Katz, Esq.

Motion No: 2009-02199 NC

Slip Opinion No: 2009 NY Slip Op 92242(U)

Decided on December 16, 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 : 9th and 10th JUDICIAL DISTRICTS

PRESENT : TANENBAUM, J.P., MOLIA and IANNACCI, JJ.

NO. 2009-2199 N C

EFROM GROSS, ESQ.,

Respondent,

-against-

LAWRENCE KATZ, ESQ.,

Appellant.

DECISION Motion by respondent 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 respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.