Sannie Kirschner v Robert Viala & Lucy Viala
Motion No: 2011-01848 nc
Slip Opinion No: 2011 NY Slip Op 81123(U)
Decided on August 9, 2011
Appellate Term, Second 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

MELVYN TANENBAUM

JOHN R. LaCAVA, JJ.

DECISION & ORDER ON MOTION

2011-1848 N C
Sannie Kirschner, Respondent, v Robert Viala and
Lucy Viala, Appellants.

Motion by respondent to dismiss an appeal from a judgment of the District Court of Nassau County, Fourth District, entered June 10, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied on condition the appeal be perfected by November 3, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 3, 2011, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk