Country Club Partners LLC v Paul J. Goldman et

Motion No: 508950

Slip Opinion No: 2010 NY Slip Op 68031(U)

Decided on April 6, 2010

Appellate Division, Third 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.

Decided and Entered: April 6, 2010

Case # 508950

COUNTRY CLUB PARTNERS, LLC, Appellant, v PAUL J. GOLDMAN et al., Respondents.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution.

Cross motion for extension of time to perfect appeal.

Upon the papers filed in support of the motion and the papers filed in support of the cross motion, it is

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before May 21, 2010, in which event the motion is denied, and it is further

ORDERED that the cross motion is granted, without costs, and the time to perfect the appeal is extended to May 21, 2010.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and MALONE JR., JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court