Opinion
Motion No: 527054
08-23-2018
In the Matter of the Claim of HELENA CISARIO, as Widow of PAUL CISARIO, Deceased, Appellant, v. TRADER JOE'S EAST, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.
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 appeal is deemed timely taken (see CPLR 5520 [a]), and it is further
ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before October 8, 2018, in which event the motion to dismiss for failure of prosecution is denied.
Garry, P.J., McCarthy, Aarons and Rumsey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court