| Wcm Plumbing & Heating Corp. v Barry M. Bernstein |
| Motion No: 2014-01549 SC |
| Slip Opinion No: 2014 NY Slip Op 92481(U) |
| Decided on December 5, 2014 |
| 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. |
of the State of New York for the 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| WCM Plumbing & Heating Corp., Respondent, v Barry M. Bernstein, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the County Court of Suffolk, entered August 23, 2013, 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 February 5, 2015; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 5, 2015, 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