Michael Devine - v Cynthia A. Meili - .

Motion No: #511369

Slip Opinion No: 2011 NY Slip Op 65254(U)

Decided on February 24, 2011

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: February 24, 2011

Case #511369

MICHAEL DEVINE, Appellant-Respondent, v CYNTHIA A. MEILI, Respondent-Appellant.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal taken by plaintiff for failure of prosecution.

Cross motion for extension of time to perfect appeal taken by plaintiff.

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 taken by plaintiff is dismissed, without costs, unless plaintiff shall file and serve his record on appeal and brief on or before April 25, 2011, in which event the motion to dismiss the appeal is denied, without costs, and it is further

ORDERED that the cross motion for an extension of time to perfect the appeal taken by plaintiff is granted, without costs, and the time to perfect the appeal is extended to April 25, 2011.
MERCURE, J.P., PETERS, STEIN, McCARTHY and GARRY, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court