Jorge Tirse v Joseph Andrews et

Motion No: 516296

Slip Opinion No: 2014 NY Slip Op 74188(U)

Decided on June 2, 2014

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 2, 2014516296

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JORGE TIRSE,                      
                                                       Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
JOSEPH ANDREWS et al.,
                                                       Respondents.
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Motion to settle record on appeal, for extension of time to perfect appeal and for further relief.

Cross motion to dismiss appeal for failure of prosecution, for counsel fees and for further relief.

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 for an extension of time to perfect the appeal and for further relief is granted, without costs, only to the extent that the time to perfect the appeal is extended to August 1, 2014, and it is further

ORDERED that the motion to settle the record is denied, without costs, and without prejudice to an application by appellant in the court of original instance on or before June 23, 2014 to settle the record, 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 August 1, 2014, in which event the cross motion to dismiss is denied, and it is further

ORDERED that the cross motion for counsel fees and for further relief is denied, without costs.
Peters, P.J., Stein, Garry and Egan Jr., JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court