Xu Xiaokang v. Siemens Energy, Inc.

Full title: XU XIAOKANG (SHIRLEY HE), Appellant, v. SIEMENS ENERGY, INC., et al.…

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

Date published: Jan 7, 2015

2015 N.Y. Slip Op. 60585 (N.Y. App. Div. 2015)

Opinion

Motion No: 519823

01-07-2015

XU XIAOKANG (SHIRLEY HE), Appellant, v. SIEMENS ENERGY, INC., et al., Respondents.

Garry, J.P.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal.

Motions to dismiss appeal for failure to timely serve notice of appeal and for failure of prosecution.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions to dismiss the appeal for failure to timely serve the notice of appeal are denied, without costs, and the notice of appeal is deemed timely served (see CPLR 5520 [a]), and it is further

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before March 9, 2015, in which event the motions to dismiss the appeal for failure of prosecution are denied, and it is further

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to March 9, 2015.

Garry, J.P., Rose, Egan Jr. and Devine, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court