| Joseph M. Shay v Gerald A. Contento et Al |
| Motion No: #512176 |
| Slip Opinion No: 2011 NY Slip Op 74565(U) |
| Decided on June 2, 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: June 2, 2011
Case
#512176
JOSEPH M. SHAY, Appellant, v
Respondents. |
DECISION AND ORDER ON MOTION |
Motion to dismiss appeal for failure of prosecution.
Cross motion for an 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
August 1, 2011, in which event the motion to dismiss the appeal is denied, and it is further
ORDERED that the cross motion for an
extension of time to prefect the appeal is granted, without costs, and the time to perfect the appeal is extended to August 1,
2011.
MERCURE, J.P., SPAIN, MALONE JR., KAVANAGH and McCARTHY, JJ., concur.
ENTER:
Robert D.
Mayberger
Clerk of the Court