Opinion
2011-2556 OR C
12-29-2011
, 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