| William Moriarty v Difazio Indus., Inc. |
| Motion No: 2012-02646 ric |
| Slip Opinion No: 2013 NY Slip Op 63521(U) |
| Decided on January 28, 2013 |
| 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
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| William Moriarty, Appellant, v DiFazio Industries, Inc., Respondent. |
Motion by respondent to dismiss an appeal from an decision of the Civil Court of the City of New York, Richmond County, dated August 1, 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 March 1, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 1, 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