David Russell Georgius as Trustee of the Georgius Family Trust v Village of Morrisville et and G. Devincentis & Son Construction Company Inc. and Third-party - ; Robert Sharp Doing Business as Sharp Masonry Third-party - Elizabeth Buenger Hughes



David Russell Georgius as Trustee of the Georgius Family Trust v Village of Morrisville et and G. Devincentis & Son Construction Company Inc. and Third-party -; Robert Sharp Doing Business as Sharp Masonry Third-party - Elizabeth Buenger Hughes
Motion No: 509831
Slip Opinion No: 2010 NY Slip Op 79417(U)
Decided on August 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: August 6, 2010

Case # 509831


DAVID RUSSELL GEORGIUS, as Trustee of the GEORGIUS FAMILY TRUST,

Appellant,

v
VILLAGE OF MORRISVILLE,

Respondent,

et al.,

Defendants,

and
G. DeVINCENTIS & SON CONSTRUCTION COMPANY, INC.,

Defendant and Third- Party

Plaintiff-Respondent;
ROBERT SHARP, Doing Business as SHARP MASONRY,

Third-Party Defendant-

Appellant.
ELIZABETH BUENGER HUGHES,

Appellant.



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 cross motion and the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs, unless appellants shall perfect the appeal on or before September 7, 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 September 7, 2010.
CARDONA, P.J., MERCURE, SPAIN, MALONE JR. and STEIN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court