Barden & Rodeson Corporation et v Eric Barden Doing Business as Hamilton Building Services

Motion No: 517174

Slip Opinion No: 2013 NY Slip Op 83073(U)

Decided on August 21, 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: August 21, 2013517174
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BARDEN & RODESON CORPORATION et al.,

Respondents,
                                                       
           v                      DECISION AND ORDER
                      ON MOTION
ERIC BARDEN, Doing Business as HAMILTON BUILDING SERVICES,

Appellant.
                                                       
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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 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 September 20, 2013, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before September 20, 2013, in which event the motion to dismiss is denied.
PETERS, P.J., McCARTHY, SPAIN and EGAN JR., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court