Jose Monje v Thomas Puliafito
Motion No: 2009-01943 QC
Slip Opinion No: 2010 NY Slip Op 61883(U)
Decided on January 22, 2010
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., WESTON and RIOS, JJ.

NO. 2009-1943 Q C
JOSE MONJE,

Appellant,

-against-

THOMAS PULIAFITO,

Respondent.

DECISION

Motion by respondent to dismiss the appeal for failure to prosecute is denied, and the appeal shall be perfected by February 4, 2010 (Rules of the App Term, 2d & 11th Jud Dists [22 NYCRR] § 731.8 [a]).

Ordered that in the event the appeal is not perfected on or before February 4, 2010, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.