Chirumbolo v. 78 Exch. St., LLC

Full title: DIANE CHIRUMBOLO, Appellant, v. 78 EXCHANGE STREET, LLC, Respondent.

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

Date published: Jul 2, 2015

2015 N.Y. Slip Op. 78757 (N.Y. App. Div. 2015)

Opinion

Motion No: 521141

07-02-2015

DIANE CHIRUMBOLO, Appellant, v. 78 EXCHANGE STREET, LLC, Respondent.

Peters, P.J., Egan Jr., Rose and Clark, JJ., concur.

DECISION AND ORDER ON MOTION

Motion to dismiss 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 and brief on or before August 31, 2015, 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 August 31, 2015.

Peters, P.J., Egan Jr., Rose and Clark, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court