| R & D Trading Co. Inc. et v Waterford Pub Ventures Inc. et and A. Brent Landis |
| Motion No: 512548 |
| Slip Opinion No: 2011 NY Slip Op 80774(U) |
| Decided on August 11, 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:
August 11, 2011
Case # 512548
R & D TRADING CO., INC., et al., Respondents, v
|
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 cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss
the appeal for failure to file a pre-calendar statement with the notice of appeal is denied, without costs, and it is further
ORDERED that
the appeal is dismissed, without costs, unless appellant shall file and serve his record on appeal and brief on or before November 9, 2011, in
which event motion to dismiss appeal for failure of prosecution denied, and it is further
ORDERED that the cross motion for an
extension of time to perfect the appeal is granted, without costs, to the extent that the time is extended to November 9, 2011.
MERCURE,
J.P., SPAIN, LAHTINEN, MALONE JR. and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court