| Steven Danielson v All In One Constr., LLC |
| Motion No: 2011-02556 orc |
| Slip Opinion No: 2011 NY Slip Op 94007(U) |
| Decided on December 29, 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. |
of the State of New York for the 9th & 10th judicial Districts
JOHN R. LaCAVA, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Steven Danielson, Respondent, v All in One Construction, LLC, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the Justice Court of the Town of Monroe, Orange County, entered May 11, 2011, for lack of prosecution. Separate motion by appellant, in effect, for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that respondent's motion is denied and the appeal shall be perfected by March 2, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 2, 2012, 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