Dawn Dykstra Individually and as Administrator of the Estates of Grae J. Dykstra Deceased and Frank Dykstra Deceased et - v County of Delaware - et



Dawn Dykstra Individually and as Administrator of the Estates of Grae J. Dykstra Deceased and Frank Dykstra Deceased et - v County of Delaware - et
Motion No: 504221
Slip Opinion No: 2008 NYSlipOp 67229(U)
Decided on March 19, 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: March 19, 2008

Case # 504221


DAWN DYKSTRA, Individually
and as Administrator of the
Estates of GRAE J. DYKSTRA, Deceased,
and FRANK DYKSTRA, Deceased,
et al.,Respondents- Appellants,

v
COUNTY OF DELAWARE,

Appellant-Respondent,

et al.,

Defendants.


DECISION AND ORDER
ON MOTION

Motion to designate County of Delaware as appellant and to dismiss appeal of County of Delaware 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 motion is denied, without costs.
MERCURE, J.P., SPAIN, ROSE, MALONE JR. and STEIN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court