| Maccarone Plumbing, Inc. v Five Star 376 Larkfield Rd., LLC |
| Motion No: 2010-00174 sc |
| Slip Opinion No: 2012 NY Slip Op 85355(U) |
| Decided on September 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 9th & 10th judicial Districts
JOHN R. LaCAVA, J.P.
FRANCIS A. NICOLAI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| Maccarone Plumbing, Inc., Respondent, v Five Star 376 Larkfield Road, LLC Also Known as Larkfield Road Associates, Appellant, and North Fork Bank, Defendant. |
Motion by respondent to dismiss an appeal from an order of the District Court of Suffolk County, Third District, entered November 23, 2009, for failure to prosecute.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied and the appeal shall be perfected by December 7, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 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