Deborah Keller v Tom Mcdonald.

Motion No: 510732

Slip Opinion No: 2010 NY Slip Op 89640(U)

Decided on December 2, 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: December 2, 2010

Case # 510732

DEBORAH KELLER, Respondent, v TOM MCDONALD, 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 the cross motion and the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record on appeal and brief on or before January 31, 2011, in which event the motion to dismiss the appeal is denied, and it is further

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to January 31, 2011.
CARDONA, P.J., MERCURE, MALONE JR., STEIN and GARRY, JJ., concur.
ENTER:

Robert D. Mayberger
Clerk of the Court