Xiaoling Shirley He v Xiaokang Xu

Motion No: 514788

Slip Opinion No: 2013 NY Slip Op 78274(U)

Decided on June 27, 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 27, 2013514788

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XIAOLING SHIRLEY HE, Appellant, v XIAOKANG XU, Respondent.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeals.

Motion to dismiss appeal taken by notice of appeal dated September 28, 2011 for failure of prosecution.

Cross motion for multiple relieves and objections.

Upon the papers filed in support of the motions and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion for an extension of time to perfect the appeals is granted, without costs, and the time to perfect the appeals is extended to August 26, 2013, and it is further

ORDERED that the appeal taken by notice of appeal dated September 28, 2011 is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before August 26, 2013, in which event the motion to dismiss is denied, and it is further

ORDERED that the cross motion for multiple relieves and objections is granted, without costs, only to the extent that the time to perfect the appeals taken by notices of appeal dated September 28, 2011, December 28, 2012 and April 29, 2013 are extended to August 26, 2013, and the cross motion is, in all other respects, denied.
ROSE, J.P., LAHTINEN, STEIN and GARRY, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court