| James D. Van Hoesen v Eric Dolen et Al |
| Motion No: #512554 |
| Slip Opinion No: 2011 NY Slip Op 79526(U) |
| Decided on July 28, 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 28, 2011
Case
#512554
JAMES D. VAN HOESEN, Appellant, v
Respondents. |
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
September 26, 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 September 26,
2011.
ROSE, J.P., MALONE JR., KAVANAGH, STEIN and GARRY, JJ., concur.
ENTER:
Robert D.
Mayberger
Clerk of the Court