| Gail Accetta v Fran Brunner |
| Motion No: 2012-01938 nc |
| Slip Opinion No: 2012 NY Slip Op 89881(U) |
| Decided on October 31, 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
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| Gail Accetta, Respondent, v Fran Brunner, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the District Court of Nassau County, Second District, entered January 18, 2012, for failure to prosecute. Separate motion by appellant for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is denied; and it is further,
ORDERED that appellant's motion is granted and the appeal shall be perfected by January 4, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 4, 2013, 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