| Tawana Whittingham v Colin D. Andrew Clarke & Beverly Clarke |
| Motion No: 2009-00191 kc 01-15-2010 |
| Slip Opinion No: 2010 NY Slip Op 66358(U) |
| Decided on March 19, 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
| TAWANA WHITTINGHAM, Appellant, -against- COLIN D. ANDREW CLARKE and BEVERLY CLARKE, Respondents. |
DECISION
Motion by respondents to dismiss the appeal for failure to prosecute is denied.
Cross motion by appellant for an enlargement of time to perfect the appeal is granted, and the appeal shall be perfected by May 7, 2010.
Ordered that in the event the appeal is not perfected on or before May 7, 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.