Lemlek v. Israel

—Motion to reconsider dismissal of appeal granted and upon reconsideration, this court’s order, entered March 6, 1990, dismissing the appeal for failure to prosecute, on default, is unanimously vacated, with costs, and the appeal reinstated, and an additional award of $1,000 is imposed as sanctions against plaintiffs attorney, to be paid to defendant-appellant Dr. Israel.

At a time when defendant-appellant had timely perfected the appeal in this matter, plaintiff-respondent continued to pursue a motion to dismiss the appeal for failure to prosecute. The defendant-appellant Dr. Israel defaulted…