Miriam Delgado v Markwort Sporting Goods Co., Et Al.
Motion No: 2008-01721 kc
Slip Opinion No: 2012 NY Slip Op 63037(U)
Decided on January 27, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

JAIME R. RIOS, JJ.

DECISION & ORDER ON MOTION

2008-1721 K C
Miriam Delgado, Appellant, v Markwort Sporting Goods Company, et al., Respondents, (and a third-party action).

Motion by respondent Markwort Sporting Goods Company to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered April 24, 2007, for lack of prosecution. Cross motion by appellant for leave to reconstruct the record or for alternative relief.

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 is denied and the appeal shall be perfected by April 6, 2012; and it is further,

ORDERED that the cross motion is denied without prejudice to appellant moving in the Civil Court for leave to reconstruct the record, should such relief be necessary.

ENTER:

Paul Kenny

Chief Clerk