In the Matter of Barry Butterfield et v City of Hudson et

Motion No: 517855

Slip Opinion No: 2013 NY Slip Op 94858(U)

Decided on December 20, 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: December 20, 2013517855
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In the Matter of BARRY BUTTERFIELD et al.,

Appellants,
                                                       
           v                      DECISION AND ORDER
                      ON MOTION
CITY OF HUDSON et al.,

Respondents.
                                 
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Motion to dismiss appeal for failure to timely serve notice of appeal and for failure of prosecution.

Cross motion to deny motion to dismiss and 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 motion to dismiss the appeal for failure to timely serve the notice of appeal is denied, without costs, and the notice of appeal is deemed timely served, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellants shall file and serve a record on appeal and brief on or before January 21, 2014, in which event the motion to dismiss for failure of prosecution is denied, and it is further

ORDERED that the cross motion is granted, without costs, and the time to perfect the appeal is extended to January 21, 2014.
Peters, P.J., McCarthy, Garry and Egan Jr., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court