| Island Life Chiropractic, P.C., As Assignee of Stewart Parlo v Elrac, Inc. |
| Motion No: 2017-00798 KC |
| Slip Opinion No: 2017 NY Slip Op 80660(U) |
| Decided on July 13, 2017 |
| 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Island Life Chiropractic, P.C., as Assignee of Stewart Parlo, Appellant, v ELRAC, Inc., Respondent. |
Motion by respondent to dismiss, as untimely and for failure to prosecute, an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered March 18, 2016. Cross motion by appellant for costs and sanctions.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is denied on condition the appeal be perfected by October 6, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 6, 2017, 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; and it is further,
ORDERED that appellant's cross motion is denied.
Any issues with respect to the settlement of the transcripts should be addressed to the Civil Court.
ENTER:
Paul Kenny
Chief Clerk