Peter Gonzalez et v L'oreal Usa Inc.

Motion No: #512569

Slip Opinion No: 2011 NY Slip Op 88911(U)

Decided on November 2, 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: November 2, 2011

Case #512569

PETER GONZALEZ et al., Appellants, v L'OREAL USA, INC., Respondent.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal.

Cross motion to dismiss 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 for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to January 3, 2012, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellants shall file and serve the record on appeal and brief on or before January 3, 2012, in which event the cross motion to dismiss the appeal for failure of prosecution is denied, and it is further

ORDERED that the cross motion to dismiss a portion of the appeal is denied, without costs, and without prejudice to the issue involved being raised upon argument of the appeal.
MERCURE, J.P., ROSE, MALONE JR., KAVANAGH and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court