Danielson v. All in One Constr. LLC

Full title: Steven Danielson, Respondent, v. All in One Construction, LLC, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Dec 29, 2011

2011 N.Y. Slip Op. 94007 (N.Y. App. Term 2011)

Opinion

2011-2556 OR C

12-29-2011

Steven Danielson, Respondent, v. All in One Construction, LLC, Appellant.

JOHN R. LaCAVA

, J.P.

FRANCIS A. NICOLAI

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss an appeal from a judgment of the Justice Court of the Town of Monroe, Orange County, entered May 11, 2011, for lack of prosecution. Separate motion by appellant, in effect, for an enlargement of time to serve and file papers in opposition to respondent's motion.

Upon the papers filed in support of the motions, it is

ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that respondent's motion is denied and the appeal shall be perfected by March 2, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 2, 2012, 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.

ENTER:

Paul Kenny

Chief Clerk