Paul D. Smith v Lori Ann Smith.

Paul D. Smith v Lori Ann Smith.
Motion No: #512325
Slip Opinion No: 2011 NY Slip Op 76618(U)
Decided on June 23, 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 23, 2011

Case #512325

PAUL D. SMITH,
Respondent,
v

LORI ANN SMITH,
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 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 22, 2011, in which event the motion to dismiss the appeal is denied, and it is further

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to August 22, 2011.
MERCURE, J.P., SPAIN, MALONE JR., KAVANAGH and McCARTHY, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court