Town of Caroga v Joseph Herms



Town of Caroga v Joseph Herms
Motion No: 511531
Slip Opinion No: 2011 NY Slip Op 65838(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 # 511531


TOWN OF CAROGA,
Respondent,

v


JOSEPH HERMS,
Appellant.


DECISION AND ORDER
ON MOTION

Motion by respondent to dismiss appeal from order dated July 12, 2010 for failure of prosecution.

Upon the papers filed in support of the motion and the papers filed with respect to appellant's motion for consolidation and an extension of time to perfect appeals, it is

ORDERED that said appeal is dismissed, without costs, unless appellant shall perfect the appeal on or before April 25, 2011, in which event the motion is denied.
MERCURE, J.P., PETERS, STEIN, McCARTHY and GARRY, JJ., concur.


ENTER:
Robert D. Mayberger
Clerk of the Court