Viele v. Town of Duanesburg

Full title: CORY VIELE, Appellant, v. TOWN OF DUANESBURG et al., Respondents.

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

Date published: Mar 9, 2012

2012 N.Y. Slip Op. 67500 (N.Y. App. Div. 2012)

Opinion

Motion No: #513893

03-09-2012

CORY VIELE, Appellant, v. TOWN OF DUANESBURG et al., Respondents.

MERCURE

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure to timely serve notice of appeal 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 for failure to timely serve the notice of appeal is denied, without costs, and the notice of appeal is deemed to have been timely served (see CPLR 5520 [a]). It is further

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before April 2, 2012, in which event the motion to dismiss the appeal for failure of prosecution is denied.

MERCURE, Acting P.J., SPAIN, STEIN, McCARTHY and EGAN JR., JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court