Opinion
Motion No: 518320
03-06-2014
JOHN ARETAKIS, Appellant, v. QUALITY INN AND SUITES et al., Respondents.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal as untimely taken and for failure of prosecution.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal as untimely taken is denied, without costs, and the notice of appeal is deemed timely filed (see CPLR 5520 [a]), and it is further
ORDERED that the motion to dismiss the appeal for failure of prosecution is granted, without costs, and the appeal is dismissed unless appellant shall file and serve a record on appeal and brief on or before May 5, 2014, in which event the motion is denied.
Lathinen, J.P., Stein, Rose and Egan Jr., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court