2010-174 S C. MACCARONE PLUMBING, INC. v. FIVE STAR 376 LARKFIELD RD., LLC — Motion by respondent to dismiss an appeal from an order of the District Court of Suffolk County, Third District, entered November 23, 2009, for failure to prosecute.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied and the appeal shall be perfected by December 7, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 7, 2012, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.