| In the Matter of the Arbitration Between Eastman Associates Inc. and Juan Ortoo Holdings Ltd. |
| Motion No: #512195 |
| Slip Opinion No: 2011 NY Slip Op 74567(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
#512195
In the Matter of the Arbitration between EASTMAN ASSOCIATES, INC., Respondent, and
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 and in response 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
July 5, 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 perfect the appeal is granted, without costs and the time to perfect the appeal is extended to July 5, 2011.
MERCURE,
J.P., SPAIN, MALONE JR., KAVANAGH and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of
the Court