Liberty Moving & Storage Company Inc. v Westport Insurance Company et



Liberty Moving & Storage Company Inc. v Westport Insurance Company et
Motion No: 504092
Slip Opinion No: 2008 NYSlipOp 65152(U)
Decided on February 27, 2008
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: February 27, 2008

Case # 504092


LIBERTY MOVING & STORAGE COMPANY, INC.,

Appellant,

v
WESTPORT INSURANCE COMPANY et al.,

Respondents.


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 April 14, 2008, in which event the motion is denied.
CARDONA, P.J., MERCURE, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court