Nick Kercu v Rosaline M. Zipprich
Motion No: 2013-00801 qc
Slip Opinion No: 2013 NY Slip Op 78728(U)
Decided on June 17, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JAIME A. RIOS

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2013-801 Q C
Nick Kercu, Appellant, v Rosaline M. Zipprich, Respondent.

Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered September 4, 2012, 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 August 2, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 2, 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