| Larry Rose v Tee-bird Golf Club Inc. |
| Motion No: 516687 |
| Slip Opinion No: 2013 NY Slip Op 76211(U) |
| Decided on June 6, 2013 |
| Appellate Division, Third 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. |
Decided and Entered: June 6,
2013516687
LARRY ROSE, Respondent, v
Appellant. |
DECISION AND ORDER ON MOTION |
Motion to dismiss appeal for failure of prosecution.
Cross motion for extension of time to perfect
appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before
August 5, 2013, in which event the motion to dismiss is denied, and it is further
ORDERED that the cross motion for an extension of
time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to August 5, 2013.
PETERS, P.J., STEIN,
McCARTHY and EGAN JR., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of
the Court