Pwdr LLC et v Benjamin Lifshitz

Motion No: 522093

Slip Opinion No: 2016 NY Slip Op 89827(U)

Decided on October 21, 2016

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: October 21, 2016 522093

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PWDR LLC et al.,                      
                                                       Respondents,
           v                      DECISION AND ORDER
                      ON MOTION
BENJAMIN LIFSHITZ,
                                                       Appellant.
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Motion to dismiss appeal for failure of prosecution and for further relief.

Cross motion for extension of time to perfect appeal.

Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before December 20, 2016, in which event the motion to dismiss the appeal is denied, and it is further

ORDERED that the motion is, in all other respects, denied, without costs, and it is further

ORDERED that the cross motion is granted, without costs, and the time to perfect the appeal is extended to December 20, 2016. It is noted that no further extensions of time to perfect the appeal will be granted.
Egan Jr., J.P., Rose, Mulvey and Aarons, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court