Milan Robinson an Infant by His Parent and Guardian Vonda Chapman v Michael Bartlett et



Milan Robinson an Infant by His Parent and Guardian Vonda Chapman v Michael Bartlett et
Motion No: #513202
Slip Opinion No: 2011 NY Slip Op 88926(U)
Decided on November 3, 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 3, 2011

Case #513202


MILAN ROBINSON, an Infant, by his Parent and Guardian, VONDA CHAPMAN,

Appellant,

v


MICHAEL BARTLETT et al.,

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 January 3, 2012, 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 January 3, 2012.
SPAIN, J.P., MALONE JR., KAVANAGH and GARRY, JJ., concur.


ENTER:
Robert D. Mayberger
Clerk of the Court