Estate of Joyce Savage et v Daniel C. Kredentser et

Motion No: 525105

Slip Opinion No: 2018 NY Slip Op 62292(U)

Decided on January 18, 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 18, 2018525105
525217
525917

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ESTATE OF JOYCE SAVAGE et al.,                      
                                                       Appellants,
           v                       CORRECTED
                                                                  DECISION AND ORDER
                      ON MOTION
DANIEL C. KREDENTSER et al.,
                                                       Respondents.
___________________________________

Motions to dismiss appeal taken by notice of appeal dated August 21, 2017 for failure of prosecution.

Motion for extension of time to perfect appeal taken by notice of appeal dated August 21, 2017 and to consolidate.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to consolidate is denied, without costs, and it is further

ORDERED that the motion for an extension of time to perfect the appeal taken by notice of appeal dated August 21, 2017 is granted, without costs, and the time to perfect the appeal is extended to January 30, 2018, and it is further

ORDERED that the appeal taken by notice of appeal dated August 21, 2017 is dismissed, without costs, unless appellants shall file and serve a record on appeal and brief on or before January 30, 2018, in which event the motions to dismiss are denied.
Garry, P.J., McCarthy, Devine and Mulvey, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court