In the Matter of Carolyn Indrick et v Nancy Votjko

Motion No: #510107

Slip Opinion No: 2011 NY Slip Op 78389(U)

Decided on July 14, 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: July 14, 2011

Case #510107

In the Matter of CAROLYN INDRICK et al., Respondents, v NANCY VOTJKO, Appellant. (And Another Related Proceeding.)

DECISION AND ORDER ON MOTION

Motion to dismiss appeal.

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 the motion to dismiss the appeal for failure to serve the notice of appeal on the necessary parties is denied, without costs, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record on appeal and brief on or before August 15, 2011, in which event the motion to dismiss the appeal for failure of prosecution 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 August 15, 2011.
MERCURE, J.P., SPAIN, KAVANAGH, McCARTHY and EGAN JR., JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court