2012-365 Q C 67-15 102ND ST., LLC v. WHITMAN-GROSS — Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, dated February 15, 2011, for failure to prosecute.

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

ORDERED that the motion is denied and the appeal shall be perfected by January 4, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 4, 2013, 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.