| James P. Backus v Lyme Adirondack Timberlands Ii LLC et |
| Motion No: #513012 |
| Slip Opinion No: 2011 NY Slip Op 86007(U) |
| Decided on October 6, 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: October 6, 2011
Case #513012
JAMES P. BACKUS, Respondent, v
Appellants, et
al., Defendants. |
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 appellants shall file and serve the record on appeal and brief or briefs on
or before December 5, 2011, in which event the motion to dismiss 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 December 5,
2011.
MERCURE, J.P., PETERS, MALONE JR., STEIN and McCARTHY, JJ., concur.
ENTER:
Robert D.
Mayberger
Clerk of the Court