Levine v. Heriton & Furrer, LLP

Full title: LAWRENCE M. LEVINE, P.C., Respondent, v. HERRITON & FURRER, LLP, Appellant.

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

Date published: Aug 18, 2011

Motion No: #512547 (N.Y. App. Div. Aug. 18, 2011)

Opinion

Motion No: #512547

08-18-2011

LAWRENCE M. LEVINE, P.C., Respondent, v. HERRITON & FURRER, LLP, Appellant.

MERCURE

DECISION AND ORDER ON MOTION

Motion to dismiss appeal 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 the record on appeal and brief on or before October 17, 2011, in which event the motion to dismiss the appeal 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 October 17, 2011.

MERCURE, J.P., SPAIN, LAHTINEN, KAVANAGH and McCARTHY, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court