Motion for an extension of the time within which to perfect the appeal herein granted to the extent that the record on appeal and the brief, if any, of appellant may be served and filed within 90 days.

*831Cross motion to dismiss the appeal (for lack of prosecution) denied without prejudice to such action—in the event of appellant’s failure to act within the period of the 90-day extension — as respondent may deem appropriate under rules I, VI and VH of the Rules of the Court of Appeals.