Bonnie Perales - v First Columbia 1200 Nsr LLC - and Gallivan Corporation

Motion No: #511612

Slip Opinion No: 2011 NY Slip Op 67351(U)

Decided on March 17, 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: March 17, 2011

Case #511612

BONNIE PERALES, Respondent- Appellant, v FIRST COLUMBIA 1200 NSR LLC, Appellant-Respondent, and GALLIVAN CORPORATION, Respondent.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal and cross appeal.

Cross motion for extension of time to perfect appeal taken by appellant-respondent.

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 appellant-respondent is dismissed, without costs, unless the record on appeal and brief are filed and served on or before April 6, 2011, in which event the motion to dismiss the appeal taken by appellant-respondent is denied, without costs, and it is further

ORDERED that the motion to dismiss the appeal taken by respondent-appellant is granted, without costs, upon default, and it is further

ORDERED that the cross motion to perfect the appeal taken by appellant-respondent is granted, without costs, and the time to perfect the appeal is extended to April 6, 2011.
MERCURE, J.P., MALONE JR., KAVANAGH, McCARTHY and GARRY, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court