In the Matter of Hall F. Willkie et v Delaware County Board of Elections



In the Matter of Hall F. Willkie et v Delaware County Board of Elections
Motion No: 504004
Slip Opinion No: 2008 NYSlipOp 70029(U)
Decided on April 11, 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: April 11, 2008

Case # 504004


In the Matter of HALL F. WILLKIE et al.,

Respondents,

v
DELAWARE COUNTY BOARD OF ELECTIONS,

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 May 12, 2008, in which event the motion is denied.
CARDONA, P.J., MERCURE, PETERS, CARPINELLO and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court