Nicholas Wiley v Marjam Supply Co. Inc. et

Motion No: 525804

Slip Opinion No: 2018 NY Slip Op 60984(U)

Decided on January 4, 2018

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: January 4, 2018525804

___________________________________

NICHOLAS WILEY,                      
                                                       Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
MARJAM SUPPLY CO., INC., et al.,
                                                       Respondents.
___________________________________

Motion to dismiss appeal taken by notice of appeal dated April 18, 2017 for failure of prosecution.

Cross motion for extension of time to perfect appeals taken by notices of appeal dated March 16, 2017, April 18, 2017 and July 31, 2017.

Upon the papers filed in support of the motion and the papers filed in support of the cross motion, it is

ORDERED that the appeal taken by notice of appeal dated April 18, 2017 is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before January 24, 2018, in which event the motion to dismiss is denied, and it is further

ORDERED that the cross motion for an extension of time to perfect the appeals taken by notices of appeal dated March 16, 2017, April 18, 2017 and July 31, 2017, is granted, without costs, and the time to perfect the appeals is extended to January 24, 2018.
Garry, P.J., Lynch, Devine and Mulvey, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court