| Dorothy Mcgurk v Louis R. Buttermark & Sons, Inc. & Kevin Rabold |
| Motion No: 2009-02259 ric 12-28-2009 |
| Slip Opinion No: 2010 NY Slip Op 63376(U) |
| Decided on February 5, 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. |
APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS
| DOROTHY McGURK, Appellant, -and- BRIAN McGURK, Plaintiff, -against- LOUIS R. BUTTERMARK AND SONS, INC. and KEVIN RABOLD, Respondents. |
DECISION
The branch of the motion by respondents seeking to dismiss the appeal for failure to prosecute is denied, and the appeal shall be perfected by April 2, 2010.
The branch of the motion seeking an order directing the Clerk of the Civil Court, Richmond County to enter a satisfaction of the judgment is denied as moot.
Ordered that in the event the appeal is not perfected on or before April 2, 2010, the court, on its own motion, may dismiss the appeal, or respondents may move to dismiss the appeal on three days' notice, and may serve such application in person.