| Atomic Fuel Oil Transp., Inc. v Jean Cheng Lin |
| Motion No: 2010-01137 nc |
| Slip Opinion No: 2010 NY Slip Op 79873(U) |
| Decided on August 9, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Atomic Fuel Oil Transport, Inc., Respondent, v Jean Cheng Lin, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the District Court of Nassau County, Second District, entered December 23, 2009. Motion by appellant for leave to file late opposition to plaintiff's motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED, on the court's own motion, that the motion by respondent and the motion by appellant are consolidated for the purpose of disposition; and it is further,
ORDERED that the motion by appellant for leave to file late opposition is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that the motion by respondent to dismiss the appeal for lack of prosecution is denied, and the appeal shall be perfected by November 5, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 5, 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:
Francis A. Nicolai
Presiding Justice