Judith A. Mckenna Individually and as Administrator of the Estate of James J. Mckenna Jr. Deceased and on Behalf of the Distributees of James J. Mckenna Jr. Deceased v John T. Reale

Motion No: 521221

Slip Opinion No: 2015 NY Slip Op 79428(U)

Decided on July 16, 2015

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: July 16, 2015521221

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JUDITH A. McKENNA, Individually and as Administrator of the Estate of JAMES J. McKENNA JR., Deceased, and on Behalf of the Distributees of JAMES J. McKENNA JR., Deceased,

Appellant,                      
                                                       
           v                      DECISION AND ORDER
                      ON MOTION
JOHN T. REALE,

Respondent.
                                                       
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Motion for extension of time to perfect appeal.

Cross motion to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motion and the papers filed in support of the cross motion, 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 August 17, 2015, 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 17, 2015, in which event the cross motion to dismiss the appeal is denied.
Peters, P.J., Egan Jr., Rose and Clark, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court