Jorge Tirse v Joseph Andrews et

Motion No: 516296 ___________________________________

Slip Opinion No: 2014 NY Slip Op 82741(U)

Decided on August 28, 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: August 28, 2014516296

___________________________________           
JORGE TIRSE,                      
                                                       Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
JOSEPH ANDREWS et al.,
                                                       Respondents.
___________________________________

Motion for extension of time to perfect appeal.

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 is granted, without costs, and the time to perfect the appeal is extended to October 27, 2014, 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 October 27, 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.
Rose, J.P., Egan Jr., Lynch and Devine, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court