Mark Carpenter et v Plattsburgh Wholesale Homes Inc. Also Known as Plattburgh Wholesale Mobile Homes Inc. et

Motion No: 510272

Slip Opinion No: 2010 NY Slip Op 83373(U)

Decided on September 23, 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: September 23, 2010

Case # 510272

MARK CARPENTER et al., Appellants, v PLATTSBURGH WHOLESALE HOMES, INC., also known as PLATTBURGH WHOLESALE MOBILE HOMES, INC., et al., Respondents.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution.

Cross-motion to consolidate appeals and for extension of time to perfect appeals.

Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is

ORDERED that the cross-motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to November 22, 2010, and it is further

ORDERED that the appeal taken by notice of appeal dated April 30, 2010 is dismissed, without costs, unless appellant shall file and serve the record on appeal and brief on or before November 22, 2010, in which event the motion to dismiss the appeal is denied, without costs, and it is further

ORDERED that the cross-motion to consolidate the appeals is granted, without costs, to the extent that the appeal shall be heard together and may be perfected upon a joint record on appeal and brief.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court