Ruotolo v. Fannie Mae

Full title: ANGELO RUOTOLO, Appellant, v. FANNIE MAE et al., Respondents.

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jul 16, 2014

2014 N.Y. Slip Op. 78193 (N.Y. App. Div. 2014)

Opinion

Motion No: 519093

07-16-2014

ANGELO RUOTOLO, Appellant, v. FANNIE MAE et al., Respondents.

Peters

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution.

Motion to dismiss appeal for failure of prosecution and to strike portions of pre-calendar statement.

Cross motion for extension of time to perfect appeal and to enlarge record on appeal.

Upon the papers filed in support of the motions and the papers filed in support of the cross motion, 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 September 15, 2014, in which event the motions to dismiss the appeal for failure of prosecution are denied, and it is further

ORDERED that the motion to strike portions of the pre-calendar statement is denied, without costs, 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 September 15, 2014, and it is further

ORDERED that the cross motion to enlarge the record on appeal is denied, without costs, and without prejudice to an application by appellant in the court of original instance on or before July 31, 2014 to settle the record.

Peters, P.J., Rose, Lynch and Clark, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court