Debra J. Chapman v Ervin Mackrell Individually and as Owner of Better Homes Construction et

Motion No: 526542

Slip Opinion No: 2018 NY Slip Op 73528(U)

Decided on May 24, 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: May 24, 2018526542

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DEBRA J. CHAPMAN,                                                                             Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
ERVIN MACKRELL, Individually and as Owner of BETTER HOMES CONSTRUCTION,
                      Respondent,
et al.,
Defendants.                                 
___________________________________

Motion to dismiss appeal for failure of prosecution.

Cross motion for extension of time to perfect appeal.

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 appeal is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before July 23, 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 appeal is granted, without costs, and the time to perfect the appeal is extended to July 23, 2018.
Garry, P.J., Lynch, Devine and Clark, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court