Frank Bevens v Tarrant Manufacturing Company and All-lifts Inc.



Frank Bevens v Tarrant Manufacturing Company and All-lifts Inc.
Motion No: 502859
Slip Opinion No: 2007 NYSlipOp 75369(U)
Decided on July 30, 2007
Appellate Division, Third Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



Decided and Entered: July 30, 2007

Case # 502859


FRANK BEVENS,

Respondent,

v
TARRANT MANUFACTURING COMPANY et al.,

Defendants,

and
ALL-LIFTS, INC.,

Appellant.


DECISION AND ORDER
ON MOTION

Motion to dismiss appeal for failure of prosecution.

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

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before September 13, 2007, in which event the motion is denied.
CARDONA, P.J., MERCURE, CREW III, MUGGLIN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court