| Radner D. Clair, Jr. v Climate Weathering, Inc. & Ricardo Affan |
| Motion No: 2010-00801 qc |
| Slip Opinion No: 2010 NY Slip Op 75256(U) |
| Decided on June 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
MARSHA L. STEINHARDT, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Radner D. Clair, Jr., Respondent, v Climate Weathering, Inc. and Ricardo Affan, Appellants. |
Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered June 30, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion by respondent to dismiss the appeal for failure to prosecute is denied and the appeal shall be perfected by September 3, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 3, 2010, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Jaime A. Rios
Associate Justice