Tribeca Lending Corporation v Victor Cornelius.

Motion No: 508795

Slip Opinion No: 2010 NY Slip Op 69356(U)

Decided on April 16, 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 16, 2010

Case # 508795

TRIBECA LENDING CORPORATION, Appellant, v VICTOR CORNELIUS, Respondent.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution or for lack of legal capacity and for sanctions pursuant to 22 NYCRR 130-1.1.

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

ORDERED that the motion to dismiss the appeal for lack of legal capacity is denied, without costs, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve its record on appeal and brief on or before June 15, 2010, in which event the motion to dismiss the appeal for failure of prosecution is denied, and it is further

ORDERED that the motion for sanctions pursuant to 22 NYCRR 130-1.1 is denied, without costs.
CARDONA, P.J., MERCURE, ROSE, GARRY and EGAN JR., JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court