Lin Tien v Steven Evans
Motion No: 2012-01312 wc
Slip Opinion No: 2012 NY Slip Op 78688(U)
Decided on June 25, 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 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2012-1312 W C
Lin Tien, Appellant, v Steven Evans, Respondent.

Motion by respondent to dismiss an appeal from a judgment of the Justice Court of the Village of Scarsdale, Westchester County, entered September 8, 2011, 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 by September 7, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 7, 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