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In re the Arbitration between Empresa Industrial, Ltda. & Continental Nut Co.

95 A.D.2d 681 Court N.Y. App. Div. Decision date 1983-06-14 English

Decision Majority · Dissent — Kupferman, J. P.,

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p. 681
In the Matter of the Arbitration between Empresa Industrial, Ltda., and Continental Nut Co.

— Motion to dismiss appeal for failure to prosecute within 30 days and because the appeal is without merit granted, with $20 costs. Concur — Carro, Silverman, Fein and Kassal, JJ.

dissents in the following memorandum: Inasmuch as only some 60 days have passed since the notice of appeal was filed, which is well within the nine months’ rule (Rules of App Div, 1st Dept, § 600.11 [a] [3], 22 NYCRR), and the appellant requests leave to withdraw the appeal, such leave should be granted. Therefore, the motion by the petitioner-respondent to dismiss the appeal for failure to prosecute should be denied as moot.