Michael Yezzi v Jennifer Small

Motion No: 530755

Slip Opinion No: 2021 NY Slip Op 61447(U)

Decided on February 2, 2021

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: February 2, 2021530755

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MICHAEL YEZZI,                      
                                                       Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
JENNIFER SMALL,
                                                       Respondent.
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Motion to dismiss appeal on the ground of the fugitive disentitlement doctrine and 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 cross motion is granted, without costs, the dismissal of the appeal is vacated (see 22 NYCRR 1250.10 [c]), and the time to perfect the appeal is extended to April 5, 2021, and it is further

ORDERED that the motion to dismiss the appeal on the ground of the fugitive disentitlement doctrine is denied, without costs, and without prejudice to the issue being raised upon the argument of the appeal, and it is further

ORDERED that the motion to dismiss the appeal for failure of prosecution is denied, without costs.
Egan Jr., J.P., Lynch, Clark and Reynolds Fitzgerald, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court