Opinion
Motion No: 512548
08-11-2011
R & D TRADING CO., INC., et al., Respondents, v. WATERFORD PUB VENTURES, INC., et al., Defendants, and A. BRENT LANDIS, Appellant.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal.
Cross motion for extension of time to perfect appeal.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal for failure to file a pre-calendar statement with the notice of appeal is denied, without costs, and it is further
ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve his record on appeal and brief on or before November 9, 2011, in which event motion to dismiss appeal for failure of prosecution denied, and it is further
ORDERED that the cross motion for an extension of time to perfect the appeal is granted, without costs, to the extent that the time is extended to November 9, 2011.
MERCURE, J.P., SPAIN, LAHTINEN, MALONE JR. and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court