Rivers v. Rotondi

Full title: KURT C. RIVERS et al., Appellants, v. ALICE A. ROTONDI et al., Respondents.

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

Date published: May 2, 2013

2013 N.Y. Slip Op. 72740 (N.Y. App. Div. 2013)

Opinion

Motion No: 516380

05-02-2013

KURT C. RIVERS et al., Appellants, v. ALICE A. ROTONDI et al., Respondents.

PETERS

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution.

Cross motion by Kurt C. Rivers for extension of time to perfect his appeal.

Application by Kurt C. Rivers for permission to proceed as a poor person.

Upon the papers filed in support of the motion, the cross motion and the application and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal taken by Bridget Ciampolillo, is granted, without costs, upon default, and it is further

ORDERED that the appeal taken by Kurt C. Rivers is dismissed, without costs, unless said appellant shall file and serve a record on appeal and brief on or before July 1, 2013, 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 taken by Kurt C. Rivers is granted, without costs, and the time to perfect the appeal is extended to July 1, 2013, and it is further

ORDERED that the application for permission to proceed as a poor person is denied, without costs.

PETERS, P.J., ROSE, LAHTINEN and GARRY, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court