| Dorothy Mcgurk v Louis R. Buttermark & Sons, Inc. & Kevin Rabold |
| Motion No: 2009-02259 ric |
| Slip Opinion No: 2010 NY Slip Op 72569(U) |
| Decided on May 21, 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
| Dorothy McGurk, Appellant, and Brian McGurk, Plaintiff, v Louis R. Buttermark and Sons, Inc. and Kevin Rabold, Respondents. |
Motion by appellant to enlarge the time to perfect the appeal, and cross motion by respondents to dismiss the appeal for failure to prosecute, on an appeal from a judgment of the Civil Court of the City of New York, Richmond County, entered October 24, 2006.
Upon the papers filed in support of the motion and the papers filed in support of the cross motion, it is,
ORDERED that the motion by appellant for an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by August 6, 2010; and it is further,
ORDERED that the cross motion by respondents to dismiss the appeal for failure to prosecute is denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 6, 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