| William Martinez v Otis El. Co. |
| Motion No: 2010-03229 kc |
| Slip Opinion No: 2012 NY Slip Op 74223(U) |
| Decided on May 16, 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
JAIME A. RIOS, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| William Martinez, Respondent, v Otis Elevator Company, Appellant (and a third-party action) |
Motion by appellant to enlarge the time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 8, 2010. Plaintiff-respondent cross-moves to dismiss the appeal 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 to enlarge time to perfect the appeal is granted and the appeal shall be perfected by July 6, 2012; and it is further,
ORDERED that plaintiff-respondent's motion to dismiss is denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 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