In the Matter of Rocco Lucente v Paulette Terwilleger as Town Clerk of the Town of Ithaca

Motion No: 522032

Slip Opinion No: 2015 NY Slip Op 94584(U)

Decided on December 17, 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: December 17, 2015 522032

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In the Matter of ROCCO LUCENTE,                      
                                 Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
PAULETTE TERWILLEGER, as Town Clerk of the Town of Ithaca,
                                 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 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 January 19, 2016, 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 January 19, 2016, in which event the cross motion to dismiss is denied.
Peters, P.J., Garry, Rose and Devine, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court522032