| William Martinez v Otis El. Co. |
| Motion No: 2010-03229 kc |
| Slip Opinion No: 2012 NY Slip Op 62117(U) |
| Decided on January 20, 2012 |
| 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 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| William Martinez, Respondent, v Otis Elevator Company, Appellant. (and a third-party action) |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 8, 2010, for failure to prosecute.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied and the appeal shall be perfected on or before April 6, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 6, 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