| Rubin Haddad, -appellant v 2-8 W. 47th St. Realty Co. & D.E.M. Realty Co. |
| Motion No: 2009-01676 kc |
| Slip Opinion No: 2010 NY Slip Op 71630(U) |
| Decided on May 10, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
JOSEPH G. GOLIA, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Rubin Haddad, plaintiff-appellant, v 2-8 West 47th Street Realty Co. and D.E.M. Realty Co., defendants-respondents. 2-8 West 47th Street Realty Co. and D.E.M. Realty Co., third-party plaintiffs v Harvard Maintenance, Inc., third-party defendant-respondent. |
Motion by defendants-respondents and cross motion by third-party defendant-respondent to dismiss the appeal on an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 11, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion by defendants-respondents to dismiss the appeal for failure to prosecute is denied, and the appeal shall be perfected by July 15, 2010 (Rules of the App Term, 2d & 11th Jud Dists [22 NYCRR] § 731.8 [a]); and it is further,
ORDERED that the cross motion by third-party defendant-respondent to dismiss the appeal is denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 15, 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.
ENTER:
Joseph G. Golia
Justice Presiding